The Upper Tribunal’s jurisdiction to decide an application for Judicial Review is not affected by the applicant’s being in Scotland. The Tribunal will, however, consider issues of forum non conveniens if it is suggested that its jurisdiction should not be exercised.
Not sure that the Scottish judiciary will be terribly pleased about this. Some reactions on Twitter:
@MalikZane very interesting- mechanics of raising a JR in England 'seems' easier than Scotland
— Darren Stevenson (@HC395) August 12, 2016
Scottish bar will not be happy!
— Deepak Bali (@iamdbali) September 5, 2016