What is Judicial Review?
Judicial Review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, a judge ensures that the correct procedures have been followed.
Clients will engage with public bodies on a daily basis in areas as diverse as applications for planning consent, appearances before licensing boards, and attendance at public inquires. Often, these bodies will make decisions with which clients do not agree, but clients may not be sure if there is anything that can be done. If you feel that a decision or action made by a public body could be unlawful, Turcan Connell can help you make a challenge.
Judicial Review: The Public Bodies
The Dispute Resolution team at Turcan Connell works with clients to ensure the correct decision has been made by a range of public bodies. Examples of the public bodies whose decisions can be challenged are:
- Government departments;
- Local authorities;
- Some tribunals;
- Boards of school governors (not independent schools); and
- Regulatory bodies such as: the Office of the Scottish Charity Regulator (OSCR), Scottish Environment Protection Agency (SEPA), Financial Conduct Authority (FCA), The Law Society of Scotland and the Information Commissioner’s Office.
Judicial Review: Challenging Public Bodies in the Court of Session
Decisions of public bodies, and those exercising the functions of public bodies, are subject to the scrutiny of the Court. The Court can, and frequently does, set aside these decisions if the person or body making them has exceeded their power. This may be the case where:
- The decision by the public body is unlawful
- There has been a breach of human rights
- A process has not been correctly followed
- The decision is unreasonable in the eyes of the Court
How Turcan Connell can help you
Turcan Connell's team has extensive experience of conducting Judicial Review proceedings in the Court of Session in Scotland. Our solicitors can advise you on whether Judicial Review is an appropriate remedy for you, whether an application is likely to succeed, and what the effect of a successful application would be.
For more information about Judicial Review in Scotland and the UK, arrange an appointment with our Dispute Resolution solicitors.