Govan Law Centre (GLC) last month raised proceedings for judicial review in Scotland’s Supreme Court, the Court of Session in Edinburgh, on behalf of a couple in receipt of the State Pension and a modest occupational pension.

Permission for the case, Fanning & another v. Secretary of State for Work and Pensions and the Scottish Ministers, was granted by Lady Hood in Edinburgh on 24 October 2024. This means the case has been assessed as having “a real prospect of success” in terms of section 27B(2) of the Court of Session Act 1988.

A procedural hearing has been assigned for 4 December 2024; with a substantive hearing fixed for Wednesday, 15 January 2025.

A spokesperson for Govan Law Centre said: “Our clients are delighted that the Court has granted permission for their judicial review challenge to proceed to a full hearing in early January. We await a decision on civil legal aid from the Scottish Legal Aid Board early next week in relation to the proceedings. If civil legal aid is granted we will then submit an urgent application for sanction for the employment of both junior and senior counsel and will announce our final legal team in early course.”

The late former first minister, Alex Salmond, was instrumental in connecting the Fannings with Govan Law Centre and was an early supporter of their legal challenge.

The Alba Party leader died suddenly earlier this month at the age 69 while in North Macedonia for a conference.

Acting leader, Kenny Macaskill, said: “Alba Party very much welcome this decision. Alex Salmond was a champion of this campaign and had been fully supportive of the Fannings in their case against the Scottish and UK governments.

“The Scottish Government should have been standing up for Scotland’s pensioners against Westminster cuts, instead they will now be standing shoulder to shoulder with the UK Labour government in court against the pensioners of Scotland.”