Public interest litigants in the Court of Session

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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.
Original languageEnglish
Pages (from-to)248-253
Number of pages6
JournalEdinburgh Law Review
Issue number2
Publication statusPublished - May 2015


  • court of session
  • individual rights
  • public interest


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