Public interest litigation in Scotland

No abstract available

The Referendum and after: Scotland’s constitutional future

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Devolution of social security

No abstract available

Protective expenses orders and public interest litigation

This article concerns the practice of excluding or limiting the liability in expenses of public interest litigants, a comparatively recent development in the United Kingdom legal systems. Such orders are called protective expenses orders (PEOs) in Scotland and protective costs orders (PCOs) in England and Northern Ireland, and in all three jurisdictions have been developed by the judges in the exercise of the wide discretion they have traditionally enjoyed in relation to awards of expenses. During 2013, new rules of court on PEO/PCOs were adopted in all three jurisdictions applying specifically to public interest environmental law litigation. This article provides an analysis of PEOs in Scotland in the light of the introduction of the new rules for environmental cases and of the English experience

The Brexit case and constitutional conventions

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Introduction : Judicial Review at thirty

There is nothing quite like an anniversary to provoke reflection: about where we have come from, about where we find ourselves; and, inevitably, about where next we might be headed. Taking as their cue the thirtieth anniversary of the introduction of rule 260B to the Rules of Court, the essays gathered in this special edition each, in their own way, attempt to address these questions as they relate to the practice and the evolution of judicial review in Scotland

Scotland’s Model Complaint Handling Procedures: Exploring Recent Developments and the Usefulness of Complaint Data for Administrative Justice Research

The aim of this research was to explore Scotland’s new system for local authority complaint handling. Following the Public Services Reform (Scotland) Act 2010, the Scottish Public Services Ombudsman (SPSO) was tasked with simplifying and standardising complaint procedures across the Scottish public sector. To do so, itcreated an internal team called the Complaints Standards Authority (CSA). The CSA’s role involves designing model complaint handling procedures (model CHPs), monitoring the operation of those procedures (including setting data reporting requirements), and supporting the development of good practice in complaint handling. The aim of this report is to provide an insight into the operation of these new arrangements in the local authority sector. Our specific aims were to: examine how the model CHP in the local authority sector was operating; explore the usefulness to administrative justice researchers of the complaint data now being published; identify opportunities for future administrative justice research; and draw lessons for wider administrative justice policy based on early experiences of this new approach in Scotland

Brexit and the territorial governance of the United Kingdom

Brexit presents a major challenge to the territorial governance of the UK. Despite a major overhaul of territorial governance in 1999 when the current devolution schemes were created, and subsequent changes to those schemes, the territorial governance of the UK has not been stabilised. There remained a series of unresolved issues. Eventually, these issues would have to have been faced, but Brexit has not only forced them onto the agenda, it has done so in fraught political circumstances which make them harder to resolve. Brexit highlights already existing tensions in territorial governance, it also creates a new set of problems for the institutions and processes of territorial governance to deal with, including how to implement the changes that Brexit requires in the context of extensive devolution of power. This article, therefore, sets out the difficulties Brexit poses for territorial governance and considers the prospects for resolving them

The Brexit Case and Constitutional Conventions

No abstract available