A Practical Guide to Public Law Litigation in Scotland

Others

A Practical Guide to Public Law Litigation in Scotland

Edited by Lorna Drummond · Frances McCartney · Anna Poole
W. Green December 2019

Specifications

ISBN-13
9780414065239
Publisher
W. Green
Publication
December 2019
Format
Hardback
Jurisdiction
Scotland ? Countri(es) for reference only

Details

Up to date on the latest Scots law developments, A Practical Guide to Public Law Litigation in Scotland is the go-to handbook for new practitioners in public law, providing an authoritative and comprehensive step-by-step guide to the judicial review, legal aid and appeals processes.

Features:

  • A thorough, straightforward breakdown of every common process in the judicial review and statutory appeals
  • The pitfalls of public law and how to navigate them
  • Detailed notes of applicable case law
  • How to follow the legal aid process
  • How and where to secure funding from
  • Useful texts and documents

Table of Contents

1. Introduction to judicial review Supervisory Jurisdiction of the Court of Session
(i) West v Secretary of State for Scotland
(ii) McDonald v Secretary of State for Scotland
(iii) Eba v Advocate General for Scotland
(iv) Human Rights Act 19998
(v) Scotland Act 1998
(vi) Ordinary Action vs. Judicial Review (Court of Session v Sheriff Court)

2. Taking and defending a judicial review

3. Advice and assistance, legal aid, funding of a judicial review and protective expenses orders

4. Some common subject areas
(i) Environmental Law
(ii) Prison law
(iii) Data Protection Act/ Freedom of Information (Scotland) Act/Environmental Information Regulations
(iv) Child law
(v) Community care
(vi) Challenges to an Act of the Scottish Parliament
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