Public interest litigants in the Court of Session

McCorkindale, Christopher (2015) Public interest litigants in the Court of Session. Edinburgh Law Review, 19 (2). pp. 248-253. ISSN 1364-9809 (https://doi.org/10.3366/elr.2015.0276)

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Abstract

When Lords Hope and Reed reformed the law of standing in AXA General Insurance v Lord Advocate 1 they grounded that change firmly in constitutional principle. To restrict standing to those for whom a private right or interest is at stake was, in Lord Reed’s view, “incompatible with the courts’ function of preserving the rule of law,” precisely because “[a] public authority can violate the rule of law without infringing the rights of any individual.” 2 Thus, their Lordships agreed that (in public law judicial review cases at least) the time had come to consign the title and interest test to the dustbin.

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