Judicial Review

If you feel a public body or a local authority has made a decision or exercised its discretion incorrectly, you can apply for the decision to be reviewed by the courts.

Such decisions can be challenged where either the relevant law or correct procedure has not been followed, where there has been a human rights infringement or the reasonableness of the decision is in question. It must be noted that if you wish to bring an action, it must be commenced within three months of the original decision being made.

The courts can then decide whether they believe the public body has acted unjustly. From there, they can decide whether or not to overturn the decision and can grant orders instructing the bodies responsible to do something, or refrain from doing any action which is detrimental to you

Munro & Noble can guide you through the process, every step of the way, from an initial appraisal of your situation, to instructing counsel to appear at the Court of Session if necessary.