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Judicial Review claims in England and Wales require a court's permission to proceed to a full hearing (CPR 54.4). The idea is to prevent claims with no prospect of success from taking up the court's time and incurring needless expense on the part of the claimant.

In Scotland, there is no permission stage (Court of Session Rules, Chapter 58).

In practical terms, how does a Scottish court dispose of Judicial Review claims with no prospect of success? Is there an effective equivalent, or do all claims proceed to a full hearing irrespective of merit?

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Your link to Chapter 58 was broken so I don't know if your version was entirely accurate, but a judicial review in does require permission. See Rule 58.2 Court of Session Rules:

58.2. In this Chapter—

[...]

“permission” means permission for an application to the supervisory jurisdiction of the court to proceed, as required by section 27B(1) of the Act of 1988

[...]

The cited section 27B Court of Session Act 1988 states:

Requirement for permission

(1)No proceedings may be taken in respect of an application to the supervisory jurisdiction of the Court unless the Court has granted permission for the application to proceed.

[...]

And this provision is cross-referenced at section 57A Tribunals (Scotland) Act 2014:

[...]

(2)It is for the Upper Tribunal to determine—

[...]

  • (b)whether to grant permission for the petition to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).

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