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: 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
Turcan Connell's team has extensive experience of conducting Judicial Review proceedings in the Court of Session in Scotland. We 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 Team.