MacRoberts LLP

This Practice Note offers guidance on inhibition as a diligence in Scottish civil proceedings under the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007). It considers, among other things, how an inhibition is created under Scots law, how it operates in relation to heritable property, how long it lasts for, how it can be terminated or recalled, the stages of proceedings at which it can be sought (including an inhibition on the dependence), the effect of breaching an inhibition and the interaction between inhibition and insolvency procedures.

This Practice Note offers an introduction to judicial review in Scotland. In doing so it considers, among other things: the supervisory jurisdiction of the Court of Session; the requirement for a ‘tripartite relationship’; the extent to which judicial review can be and is raised against private bodies as well as public bodies; when judicial review is not appropriate and the scope of judicial review in Scotland in relation to UK legislation, Acts of the Scottish Parliament and EU law.

This Practice Note offers guidance on the key grounds of challenge for judicial review in Scotland. It examines the concept of illegality (ultra vires) , including fettering discretion, as well as irrationality (‘Wednesbury unreaonableness’), procedural impropriety and proportionality.

This Practice Note offers guidance on protective expenses orders (PEOs) in the context of judicial review claims raised in Scotland. In doing so, it considers, among other things, the criteria for obtaining a PEO, the terms of PEOs and how to apply for a protective costs order in Scottish judicial review proceedings relating to environmental matters. It also considers PEOs in non-environmental public interest cases.

This Practice Note offers guidance on the procedure and considerations involved in raising a judicial review action in the Scottish courts. It considers, among other things: who can make a judicial review application (‘standing’), including the approach taken by the Scottish courts when deciding eligibility; time limits for bringing a judicial review claim; the court’s approach to the permission stage; the procedural requirements; transfers to and from the judicial review process and how to make a public interest intervention.

This Practice Note sets out the current remedies which are available in an action for judicial review in Scotland. It covers the remedies of reduction, declarator, suspension, interdict, implement and damages.