UK: Incoming Reforms To Judicial Review In Scotland

Last Updated: 24 September 2015
Article by Julie Hamilton and Graham Horn

From the 22nd of September 2015, the procedures for judicial review in Scotland will change dramatically. The changes which are being introduced aim to ensure a speedy determination of petitions for judicial review, whilst also ensuring that unmeritorious petitions are sifted out at an early stage.

The impact of these changes will become clearer over time, but anyone that may become involved in a judicial review should take note of the incoming reforms. The main reforms include:

Three Month Time Limit

From 22 September 2015, an application for judicial review must be made within 3 months of the date on which the grounds giving rise to the application first arise. However, the court does have the power to allow a longer period of time if it considers it equitable to do so.

If the grounds that give rise to a petition for judicial review arise before 22 September 2015, the 3 month time limit for submitting the petition starts on 22 September. In other words, petitioners will have 3 months from 22 September 2015 to lodge the petition before the application is time barred.

Permission Stage

The new rules also introduce a 'Permission Stage' to petitions for judicial reviews. Essentially, the court will need to first grant permission before a petition can proceed. Currently, petitioners do not require such permission of the court.

In order for the court to be satisfied that permission should be granted, the court must be satisfied that:

(a) The applicant has sufficient interest in the subject matter of the application; and

(b) The application has a real prospect of success

Following submission of the petition, the court will oblige the petitioner to serve the petition on all relevant parties. Those served with the petition must then notify the court if they intend to contest whether permission should be granted, or simply contest the petition.

The court is not obliged to have an oral hearing before making a decision on whether or not to grant permission. If permission is refused without a hearing, the petitioner can request an oral hearing to review the decision. Alternatively, if permission is refused at an oral hearing, the petitioner can appeal the decision to the Inner House of the Court of Session.

Any request for a review, or an appeal, must be made within 7 days of the decision to refuse permission.

Timetable for the Petition

Ultimately, the reforms aim to ensure the speedy determination of petitions for judicial review. In order to achieve this, the new rules include ambitious timescales for each stage of the petition. For instance, when permission is granted, the court will fix:

(a) A date for the substantive hearing, which cannot be more than 12 weeks from the date permission is granted; and

(b) A date for a procedural hearing, which cannot be more than 6 weeks from the date permission is granted.

These time scales are much shorter than can currently be expected.

Further, the Lord Ordinary who deals with the petition will be much more involved in the process than at present. This additional judicial case management is intended to focus and control the process to a greater degree than it is at present. The aim is to ensure that time is not wasted and that the parties are prepared to proceed to the substantive hearing on schedule.

Public Interest Intervention

The new rules also include amended provisions for Public Interest Interventions.

These new rules apply to those who were not served with the petition, and are not directly affected by the issues relevant to the petition. These persons may apply for leave to intervene in the decision to grant permission, in a petition where permission has been granted, or in an appeal in connection with a Judicial Review.

The court must only grant leave to intervene if satisfied that:

(a) the proceedings raise a matter of public interest;

(b) the issue in the proceedings the applicant wishes to address raises a matter of public importance;

(c) the propositions the applicant wants to advance are relevant and are likely to assist the court; or

(d) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability in expenses.

An Intervention is made by written submission that must not exceed 5,000 words. In exceptional circumstances the court can allow longer submissions or for the intervener to make an oral submission.

Summary

The new rules for petitions for judicial review should ensure that the process is much quicker and runs more smoothly than at present. Those in industries which are often involved in judicial reviews can take some comfort in the knowledge that potential petitioners will have a reasonably short window to submit petitions, and that those petitions should be dealt with within 4 months. At present, judicial review proceedings can take far longer to conclude. In addition, the new requirement for permission to be granted should assist in ensuring that time and money are not wasted on judicial reviews which are totally without merit.

© MacRoberts 2015

Disclaimer

The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.