Statutory challenge to disability allowance decision should have been availed of before judicial review

The Court of Appeal has allowed an appeal from the High Court, and refused judicial review of an Appeals Officer's assessment of a claimant's means for a Disability Allowance. The High Court had previously granted the claimant's application for judicial review, allowing for a reassessment by a different Appeals Officer. However, the Court of Appeal found that the claimant should have sought a statutory review, before resorting to judicial review. The Court of Appeal held that the statutory remedy was adequate and more appropriate for addressing the claimant's complaints, which included both legal and factual errors in the Appeals Officer's decision. Consequently, the Court of Appeal dismissed the judicial review proceedings and proposed to hear parties regarding the appropriate order for costs.