There were three significant changes to Judicial Review procedures brought in to effect by the Courts Reform (Scotland) Act 2014. The 2014 Act made provision for wide-ranging reforms to the Scottish civil courts system in Scotland, as well as important reforms to the court procedure associated with judicial review in relation to time bar, permission to raise Judicial Review proceedings and the requirement to "front load" applications for Judicial Review.
Time bar
It is now a requirement that applications for judicial review are made within three months of the date on which the grounds giving rise to the application first arise i.e. within three months from the date of a decision being made.
Permission
Prior to the 2014 Act there was no requirement to obtain leave or permission from the court to bring a judicial review action. The 2014 Act has introduced this requirement and provides that the court may grant permission. A judge will consider whether the applicant:
- has sufficient interest in the subject matter; and
- has a real prospect of success
There is no requirement for a hearing at this stage, although the court has the power to fix a hearing.
Front-Loading
It is now a requirement that all relevant documentation is submitted with the petition and is served on the respondent and all interested parties within 7 days from a date ordered by the judge. The front loading of Judicial Review applications provides for a timetable to be issued following the petition being lodged and should provide for an expeditious conclusion to matters. Following the service of the petition the respondent has a further 21 days in which to lodge answers and documents. Permission may be granted within 14 days of this. In which case a substantive hearing is set within 12 weeks of permission being granted, and a procedural hearing may be set within 6 weeks of being granted if the judge believes this is necessary.
If you wish to seek further advice on Judicial Reviews, please do not hesitate to contact us for further information.
Image courtesy of Kittisak at FreeDigitalPhotos.net
