Judicial review in Scotland—raising a claim
Produced in partnership with Graham Horn of MacRoberts LLP
Judicial review in Scotland—raising a claim

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—raising a claim
  • Governing provisions for Scottish judicial review proceedings
  • Who can raise an application for judicial review?
  • Time-limits for bringing a judicial review claim
  • Permission to present a petition for judicial review
  • Grounds for permission to bring a petition for judicial review
  • Determining the permission application
  • Oral permission hearings
  • Appeals following oral permission hearings
  • The Court’s approach to permission
  • More...

Judicial review in Scotland—raising a claim

This Practice Note offers guidance on the process of raising a judicial review claim in Scotland. For guidance on:

  1. other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland—grounds of challenge, Judicial review in Scotland—remedies 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, in turn, 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. the closest equivalent procedure in England and Wales, see 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. CR(S)A 2014—Courts Reform (Scotland) Act 2014

  2. CSA 1988—Court of Session Act 1988

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

Governing provisions for Scottish judicial review proceedings

Judicial review proceedings are governed by:

  1. CSA 1988, s 27A (introduced by way of CR(S)A 2014, s 89), and

  2. ARCS, Ch 58 (as amended by the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No 3) (Courts Reform (Scotland) Act 2014) 2015)

Who can raise an application for judicial review?

Historically, a petitioner required

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