Judicial review—what it is and when it can be used—Scotland [Archived]

Copyright © 2025 LexisNexis
Produced in partnership with Carolyn Morgan of Harper Macleod LLP
Practice notes
Scottish Law

Judicial review—what it is and when it can be used—Scotland [Archived]

Copyright © 2025 LexisNexis

Produced in partnership with Carolyn Morgan of Harper Macleod LLP

Practice notes
Scottish Law
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ARCHIVED: This Practice Note has been archived is not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland.

Background to judicial review in Scotland

Judicial review represents the means by which the courts control the exercise of governmental power. Judicial review has developed to ensure that public bodies, which exercise law-making or adjudicatory powers, are kept within the confines of the power conferred.

The Human Rights Act 1998 (HRA 1998) extended the traditional scope of judicial review to protect instances where a public body fails to respect the human rights of an individual. The HRA 1998 requires that all public bodies comply with the right protected by the European Convention on Human Rights and judicial review proceedings may be brought to enforce that legal duty. For more information see: Dealing with a human rights challenge.

Decision makers must not only exercise their powers in the correct manner as prescribed by the statute and in accordance with human rights, but must also comply with

Carolyn Morgan
Carolyn Morgan

Harper Macleod LLP

Carolyn is a Partner with Harper Macleod LLP, handling a broad range of civil and commercial disputes within the Dispute Resolution team.

She is qualified to practise and represent clients in courts in Scotland as well as England and Wales.

As well as having the expertise to deal with contractual disputes, Carolyn specialises in property litigation claims, e.g. dilapidations, refusal of landlord's consent and disputed rent reviews. She has handled complex interdict and breach of interdict actions, contamination of land disputes, issues relating to recovery of heritable property, access rights and the removal of undesirables from property, as well as general landlord and tenant disputes. She also deals with cases involving neighbour disputes, boundary and title condition issues, as well as nuisance and breach of missives.

Carolyn also provides advice to executors, potential claimants and beneficiaries with the aim of ensuring that any challenge to a will can be resolved quickly, as well as being involved in court actions for the appointment of a financial and /or welfare guardian.

Carolyn has an interest in sports law and sits on the Board as Honorary Legal Adviser to Commonwealth Games Scotland. She is responsible for providing advice on legal and constitutional issues to the Board of CGS, in relation to selection, preparation and management of Scotland's team for the main games and the Commonwealth Youth Games. Carolyn is also Chairperson of the Conduct in Sport Panel for Scottish Gymnastics Association.

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United Kingdom
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Key definition:
Judicial review definition
What does Judicial review mean?

Judicial review is the English administrative law practice of the courts reviewing the exercise of powers by public bodies in terms of their effect on an individual.

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