Any scottish lawyers around who want to tell me about judicial review?

[orangina]

Pretty please? Am aware of what it is in England and Wales, but know it means something slightly different in Scotland and would be VERY grateful for any clarification you could give me......

(will be thrilled and amazed if anyone answers this thread......!)

\link{http://en.wikipedia.org/wiki/Judicial_review_in_Scotland\Does this help any?}

Thanks fimbo, thst is helpful, and I have done a bit of online looking around, but I wanted to understand it in the context of statutory (construction) adjudication and enforcement....

(have I sent you to sleep yet?!)

(having to dash out for a few hours now, so please continue to post and I WILL return!)

IANALB...

As I understand it Statutory Adjudication despite its name deals with the resolution of contractual disputes, whereas JR is concerned with the operation of statutory processes by public bodies so I think that it would be difficult to answer your question without a more specific example.

Or to put it another way, decisions of the Construction Court may (in the correct circumstances) be appealed at the Court of Appeal, they are not AFAIK subject to Judicial Review.

Or do you not mean Judicial Review at all, but instead the ability to avoid the judgement of the Construction Court by successful challenge to its jurisdiction? As I understand it the Housing Grants, Construction and Regeneration Act 1996 has equal effect under both English and Scottish Law, so I wouldn't have thought that there was any difference in jurisdiction despite the obvious differences in the two legal systems, however this is now totally outside my comfort zone so I am going to stop now.

orangina JR means the same thing in Scotland as it does in England. The procedures may be different but the meaning is the same. If you need info on court procedure try the scottish courts website - think it has the rules of court.

Sorry sorry, have been away from computer until now, thank you mranchovy and bogof for responding......

My understanding of JR in Scotland is that it is similar to that in E&W but can be brought to challenge statutory processes by PRIVATE as well as public bodies, hence their use in challenging enforcement of adjudication decisions in Scotland. Reading any challenges that get to court in Scotland, judicial review is often mentioned, and I wondered if it was something that was akin to the CPR pt 8 challenge that is happening in the courts in E&W?

Any scottish adjudicators out there please?!?!?!

(Feeling desperate now!)

MANY thanks anyone who is even reading this.....

Orangina, the decision of a private body in Scotland could be subject to JR - case law suggests that what is required for a competent judicial review action is a tripartite relationship between the source of the decision making power, the person or persons to whom that decision making power has been delegated and the person affected by that decision making power. So provided the private body has been given decision making power from a public body then JR of a decision may be possible, but doubt JR of a truly private decision would be possible.

Not sure about JR of an adjudication decision - what sort of adjudication? Also don't know anything about CPR pt 8 challenge in E&W as am in Scotland.