Judicial Review - A Step by Step Guide to the Scottish Process
The use of judicial review in Scotland has continued to grow over recent years and not only for immigration matters. The process has become more widely used in the fields of prison law, social security law, housing law and environmental law. It has become popular not only to challenge specific decisions of public authorities but also to review the implementation of EU directives and primary legislation.
The words judicial review can be daunting not only for those instructed to initiate proceedings but also for those that are on the receiving end.
The process can be complex and the guidance from the Court can change quickly. This introductory level course is aimed at making the process clearer, drawing attention to common pitfalls and providing examples of judicially reviewable decisions.
What You Will Learn
This course will cover the following:
- The Scope of Judicial Review
- What decisions can and cannot be judicially reviewed
- What is meant by a remedy of last resort and how a public authority's complaints procedure fits into the process
- Areas where judicial reviews may arise and how to assess the merits of a challenge with reference to examples of recent judicial reviews in a range of areas
- The Grounds for Judicial Review
- On what basis can reviews be sought?
- How to identify areas for challenge in order to present or defend a challenge effectively
- Procedures and Time Limits
- The Court of Session, exclusive jurisdiction and the precise process to be followed with stringent time limits and procedures
- The procedural aspects
- The permission process, rights of appeal and expenses
- Review of Recent Key Cases
2:00pm - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme