Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Rules of the Court of Session in order to provide for public interest intervention in judicial review cases. Rule 58.8 is amended and new rule 58.8A is inserted.
An application for leave to intervene (by way of a Minute of Intervention in new Form 58.8) may be made by a person who is not entitled to apply for leave to enter the process under rule 58.8 as amended. An application may be made at first instance or on appeal, or both.
The court may grant leave only if it is satisfied that–
the proceedings raise, and an issue in the proceedings which the applicant wishes to address raises, a matter or public interest,
the propositions to be advanced by the applicant are relevant to the proceedings and are likely to assist the court, and
the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses (on which the parties and the applicant may address the court if a hearing for this purpose is requested by any of the parties).
Intervention is to be by way of a written submission of no more than 5000 words but, in exceptional circumstances, the court may allow a longer written submission or direct that an oral submission be made.
The court may allow the parties the opportunity to address it on the matters raised in the intervention at the first or second hearing.