Court reforms update: judicial review

In the run up to provisions of the Courts Reform (Scotland) Act 2014 coming into effect this month we will be publishing short reminders of the new laws.

On 22 September, new sections 27A to 27D will be inserted into the Court of Session Act 1988.

The sections require applications for judicial review to be made within 3 months of the date on which the grounds giving rise to the application first arise.

They also require all applications to be given permission to proceed by the court. Permission can be given by the court on the papers or at an oral hearing, and decisions on permission following an oral hearing can be reclaimed to the Inner House.

Important provisions relating to the 3-month time limit is found in the Scottish Government Commencement Order.

Article 4 of that Order makes transitional provision dealing with judicial reviews where the application, though lodged after that date, relates to grounds that first arose before 22 September.

The effect of this provision is that these applications are treated as if the grounds arose on 22 September, meaning that these judicial reviews will have to be lodged by 22 December 2015, if they are to be made within the time limit.