Judicial review in Scotland
Produced in partnership with Graham Horn of MacRoberts LLP

The following Dispute Resolution practice note produced in partnership with Graham Horn of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Judicial review in Scotland
  • Supervisory jurisdiction of the Court of Session
  • Judicial review claims against private bodies
  • UK legislation and EU law
  • Human rights
  • European Union Law
  • Acts of the Scottish Parliament
  • When is a judicial review not appropriate?

Judicial review in Scotland

This Practice Note provides an introduction to judicial review in Scotland.

For guidance on:

  1. other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland—grounds of challenge, Judicial review in Scotland—remedies, Judicial review in Scotland—raising a claim and Judicial review in Scotland—protective expenses orders

  2. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview, which link through to detailed guidance on specific aspects of dispute resolution in Scotland

  3. other key areas of Scottish law and procedure, see our Scotland toolkit, and

  4. judicial review in England and Wales, see, for example, Practice Notes: Judicial review—what it is and when it can be used and Judicial review—time limits and the pre-action protocol

Key

  1. HRA 1998—Human Rights Act 1998

  2. RCS—Court of Session Rules—Act of Sederunt (Rules of the Court of Session) 1994

  3. SA 1998—Scotland Act 1998

Judicial review is the process by which the courts in Scotland exercise oversight and control over the actings of administrative bodies, both public and private. The court’s role is essentially to review decisions, acts, or failures to act, by public bodies and other official decision makers.

A major distinction between judicial review in Scotland and England and Wales relates to the scope of judicial review, more particularly:

  1. in England and Wales, judicial review

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