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Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Judicial review definition What does Judicial review mean? Judicial review is the court process used to challenge the lawfulness of decisions, actions or omissions of public bodies (such as ministers, local authorities, regulators and tribunals), rather than to reconsider the merits. It is a supervisory jurisdiction developed mainly through case law, with procedural rules set by legislation and court rules. Across the UK and Ireland, typical grounds include illegality (error of law, acting beyond powers), irrationality/unreasonableness, procedural unfairness (including breach of natural justice and legitimate expectation), and, where engaged, proportionality under the European Convention on Human Rights. Common remedies are quashing, prohibiting and mandatory orders, declarations and injunctions; damages...
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Scottish judicial review procedure: raising and progressing petitions—standing, three-month limit, permission, intimation and service, oral hearings and appeals, urgent applications, transfers and public interest interventions
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Practice notes
Civil justice reform
Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date rules and practice in Scotland’s civil courts on remote hearings and the electronic signing, transmission and lodging of documents. The Note also sets out the process for commencing a judicial review in Scotland. For guidance on:
- further aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland—grounds of challenge; Judicial review in Scotland—remedies; and Judicial review in Scotland—protective expenses orders
- other key areas of Scots law and procedure, consult our Scotland collection
- judicial review in England and Wales, see Practice Notes: Judicial review—what it is and when it can be used; and Judicial review—time limits and the pre-action protocol
Key
- CR(S)A 2014: Courts Reform (Scotland) Act 2014
- CSA 1988: Court of Session Act 1988
- RCS: Rules of the Court of Session 1994
Legal framework for Scottish judicial review proceedings
Judicial review proceedings are governed by CSA 1988, section 27A (introduced by CR(S)A 2014, section 89) and by RCS, Chapter 58.
Who can raise an application for judicial...
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Web page updated on 21/05/2026
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