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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 remedies and interim relief: reduction, declarator, suspension, interdict, implement, restitution, damages; court discretion and scope under RCS Rule 58.13 with leading cases
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Practice notes
This Practice Note
This Practice Note examines the remedies obtainable in a Judicial review raised in Scotland. For guidance on:
- other aspects of judicial review in Scotland, see Practice Notes:
- Judicial review in Scotland
- Judicial review in Scotland-grounds of challenge
- Judicial review in Scotland-raising a claim
- Judicial review in Scotland-protective expenses orders
- issues to weigh before bringing a civil claim in a Scottish court, and how to commence and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation-overview and Scottish DR: case management and evidence-overview respectively, which provide links to more detailed guidance
- other facets of Scottish civil litigation, see: Scottish DR: civil appeals and judicial review-overview, Scottish DR: Enforcement-overview and Scottish DR: settlement and ADR-overview, which, in turn, link to detailed guidance on specific aspects of Dispute resolution in Scotland
- other key areas of Scottish law and procedure, see 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:
- CSA 1988-Court of Session Act 1988
- RCS-The Rules of the Court of Session 1994
The court’s powers to
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Web page updated on 27/05/2026
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