We all interact with public bodies, from applying for planning consent to facing disciplinary action from a regulator. If a decision or action taken by a public body has negatively affected you, and you believe it is unlawful, you could make an application for judicial review. We can help.
In judicial review proceedings, a judge will review whether the decision or action of a public body was lawful, ensuring that the correct processes and procedures have been followed. These public bodies regularly make decisions that seem unfair, but if the correct process was not followed, you could make an application for judicial review.
What kinds of public bodies can be subject to judicial review?
Our specialist lawyers work with clients from all backgrounds to ensure that a wide range of public bodies have made the correct decision, or taken the right action in their case. We regularly help clients with directions and actions taken by:
- Local authorities
- Government departments
- Some tribunals
- Boards of school governors, except for independent school
- Regulatory bodies including The Law Society of Scotland, the Health and Care Professions Council (HCPC), the Office of the Scottish Charity Regulator (OSCR), Financial Conduct Authority (FCA) and The Scottish Environment Protection Agency (SEPA),
What happens in judicial review proceedings?
In judicial review proceedings, the court scrutinises the actions and decisions of public bodies and organisations which exercise the functions of public bodies. The Court has the power to set aside the decisions of these bodies if it is deemed that the body exceeded their powers. This happens in cases where the Court determines:
- The correct process has not been followed
- The decision taken by the body is unlawful
- That in the eyes of the Court, the decision made is unreasonable
- There has been a Human Rights infringement
Determining whether judicial review is right for your case can be difficult, so it is best to contact an experienced solicitor as soon as possible.
Judicial Review Lawyers, Glasgow
Our lawyers have experience in acting in judicial review cases in the Court of Session all across Scotland. When you get in conduct with us, we will discuss whether judicial review is the right course of action for your circumstances, and also whether your case is likely to be successful.
The process of judicial review can be complex, so it is essential that you have exhausted all other avenues for effective resolution, and that you instruct an experienced team of lawyers. We will also seek to understand what you wish for the outcome to be and whether judicial review is the right means to achieve this.
Contact Beltrami & Company Judicial Review Lawyers Glasgow, Scotland
If you have been subjected to a decision or action by a public body which you believe may be unlawful, get in touch with our team today. We have many years of experience in conducting judicial review procedures all across Scotland and can provide the highest quality advice and assistance.