Seminar Paper: Ten Dos and Don'ts of Judicial Review

Author: Jonathan Mitchell QC | Posted: June 17, 2008

Download Full Article: Ten Dos and Donts of Judicial Review.pdf

Murray Stable

Public, Administrative and Human Rights Law
Group public launch, 29 May 2008

Ten Dos and Don'ts of Judicial Review
Jonathan Mitchell QC
Ailsa Carmichael, Advocate

1. DO remember that your petition can be dismissed at the stage when you are seeking First Orders. Normally there won't be a hearing at this stage unless the judge can see some problem with the petition (see Rules of the Court of Session, Rule 58.7 as amended from 7 January 2008), or you are seeking interim orders and a caveat is triggered. Nonetheless, there is potential at this stage for the petition to be dismissed in its entirety after the petitioner's counsel has been heard. It is therefore important to make sure that all relevant points are identified in the petition and all relevant documents lodged along with it at this early stage.

2. DO remember that most petitions for Judicial Review are disposed of at the First Hearing. Unless there is a dispute of fact on an essential matter, most cases are dealt with by way of legal submissions at this stage. Judicial Reviews tend to run, and you cannot assume that there will be any settlement proposal. All of this points up the need to be fully prepared in a Judicial Review at an early stage in the proceedings.
• Instruct revision of the petition; particularly if the petition has initially
been drafted urgently
• Ensuring that Legal Aid in place in good time
• Affidavits (if required)

(Continued.  For full article please download using link at the top of the page.)