Carolyn Morgan
Carolyn is a Partner with Harper Macleod LLP, handling a broad range of civil and commercial disputes within the Dispute Resolution team.
She is qualified to practise and represent clients in courts in Scotland as well as England and Wales.
As well as having the expertise to deal with contractual disputes, Carolyn specialises in property litigation claims, e.g. dilapidations, refusal of landlord's consent and disputed rent reviews. She has handled complex interdict and breach of interdict actions, contamination of land disputes, issues relating to recovery of heritable property, access rights and the removal of undesirables from property, as well as general landlord and tenant disputes. She also deals with cases involving neighbour disputes, boundary and title condition issues, as well as nuisance and breach of missives.
Carolyn also provides advice to executors, potential claimants and beneficiaries with the aim of ensuring that any challenge to a will can be resolved quickly, as well as being involved in court actions for the appointment of a financial and /or welfare guardian.
Carolyn has an interest in sports law and sits on the Board as Honorary Legal Adviser to Commonwealth Games Scotland. She is responsible for providing advice on legal and constitutional issues to the Board of CGS, in relation to selection, preparation and management of Scotland's team for the main games and the Commonwealth Youth Games. Carolyn is also Chairperson of the Conduct in Sport Panel for Scottish Gymnastics Association.
Practice Areas
Panels
- Contributing Author
- Other Publications
Qualified Year
- 2001
Membership
- Property Litigation Association
Qualifications
- B.Acc
- LLB Dip LP NP
3 Contributions by Carolyn Morgan
PRACTICE NOTES
Judicial review in Scotland: pre-action considerations, permission and Court of Session Chapter 58 procedure, including transfers, hearings, appeals, evidence, interventions and costs
ARCHIVED:
This Practice Note is archived and is not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland—raising a claim. In Scotland, any application for judicial review must be made, in the prescribed form, to the Court of Session. The Courts Reform (Scotland) Act 2014 (CR(S)A 2014) ushered in an entirely new procedure for judicial review proceedings in Scotland. Sections 27A–27D of the Court of Session Act 1988 (CSA 1988) introduced new time limits and a requirement to obtain the Court’s permission before applying. Chapter 58 of the Court of Session Rules was fully rewritten in 2015, reforming all applications to the court’s supervisory jurisdiction in Scotland, which must proceed by petition for judicial review. The key procedural stages and the corresponding Court of Session Rules are as follows:
Petition — Rules 58.3–58.5
Responding to the petition — Rule 58.6
Permission stage — Rules 58.7–58.11
Procedural hearing — Rule 58.12
...
Public Law
PRACTICE NOTES
Judicial review in Scotland: principles, procedure, standing and remedies after the Courts Reform (Scotland) Act 2014, with leading cases and divergence from England
ARCHIVED: This Practice Note is archived and not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland.
Background to judicial review in Scotland
Judicial review is the mechanism through which the courts oversee the use of state power. It has evolved to guarantee that public authorities, wielding legislative or decision-making functions, act only within the limits of the powers granted. The Human Rights Act 1998 (HRA 1998) broadened the traditional reach of judicial review to cover situations in which a public authority fails to respect an individual’s human rights. Under the HRA 1998, every public body must observe the rights secured by the European Convention on Human Rights, and proceedings for judicial review can be brought to enforce that obligation. For further information, see: Dealing with a human rights challenge. Decision-makers must not only exercise their powers properly as prescribed by statute and in line with human rights, but must also adhere to the principles of reasonableness, natural justice, and fairness...
Public Law
CHECKLISTS
Scotland Judicial Review: Court of Session Chapter 58 Procedural Stages, Time Limits and Interventions Checklist (Archived)
ARCHIVED: This Checklist has been archived is not maintained.
In Scotland, application for Judicial Review must be submitted, using the prescribed format, to the Court of Session. This Checklist outlines the principal procedural steps and the relevant time limits for judicial review in Scotland, consistent with Chapter 58 of the Rules of the Court of Session. Note: time limits may differ. The Court of Session Rules invite the court to allow extensions to time limits where the Lord Ordinary is persuaded that a longer period is required...
Public Law
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