Jurisdiction(s):
United Kingdom

Related legal acts

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...

Judicial review in Scotland: principles, procedure, standing and remedies after the Courts Reform (Scotland) Act 2014, with leading cases and divergence from England

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Practice notes

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...

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Carolyn Morgan

Harper Macleod LLP

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...

Web page updated on 21/05/2026

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