Judicial Review

An application can be made to the Court of Session to challenge an administrative decision of a public body on the basis that the decision was irrational, unreasonable or unlawful.  This is the process of “Judicial Review”.  By way of an example, a third party objector who is aggrieved by the grant of planning permission has no right to appeal against that decision.  However, if he can satisfy the Court of Session that the proper procedures were not followed by the Planning Authority, or that the Planning Authority misguided itself on the law, the court may decide to strike down that decision.

Judicial Review is one of our particular specialisms, and we are frequently instructed to pursue such applications, or to defend them on behalf of local authorities.