Ineos Upstream Ltd and another, petitioners

Judicial review – Procedure – Permission to proceed. Court of Session: In a petition for judicial review in which the petitioners sought to challenge certain decisions of the Scottish Government in relation to the development of unconventional oil and gas and the respondent contended that in so far as the petition sought to challenge decisions taken in 2015 it was time-barred, the court held that the petitioners need only demonstrate that they had a case which enjoyed a realistic chance of succeeding in the sense that their contentions were not fanciful or unrealistic, it could not be said that their arguments on the time-bar point were fanciful or unrealistic, and accordingly permission to proceed on the totality of the case as set out in the petition would be granted.

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