Judicial review—pre-action considerations and procedure—Scotland [Archived]
Produced in partnership with Carolyn Morgan of Harper Macleod LLP

The following Public Law practice note produced in partnership with Carolyn Morgan of Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Judicial review—pre-action considerations and procedure—Scotland [Archived]
  • Pre-action considerations
  • Alternatives to judicial review
  • Standing
  • Time Limits
  • Commencing Proceedings
  • Petition
  • Intimation and service
  • Transfers
  • Transfers to judicial review procedure
  • More...

Judicial review—pre-action considerations and procedure—Scotland [Archived]

ARCHIVED: This Practice Note has been archived is not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland—raising a claim.

In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session. The Courts Reform (Scotland) Act 2014 (CR(S)A 2014) introduced a completely new procedure for judicial review proceedings in Scotland. Sections 27A–27D Court of Session Act 1988 (CSA 1988) introduced new time limits and requirement to seek permission from the Court to apply for judicial review.

Chapter 58 of the Court of Session Rules was completely re-written in 2015, reforming all applications to the supervisory jurisdiction of the court in Scotland, which must be made by petition for judicial review. The key procedural stages and the corresponding Court of Session Rules for judicial review in Scotland are as follows:

Procedural StageCourt of Session Rules
1. PetitionRules 58.3–58.5
2. Responding to PetitionRule 58.6
3. Permission StageRule 58.7–58.11
4. Procedural HearingRule 58.12
5. Substantive HearingRule 58.13

Pre-action considerations

Alternatives to judicial review

A petition may not be lodged in respect of an application for judicial review if that application could be made by appeal or review under or by virtue of any enactment. It is important to exhaust all available alternatives before applying for judicial review. This is not an absolute rule but good

Popular documents