Judicial Review and Public Procurement Challenges
Public bodies make decisions that can have a significant impact on your business, from contract awards to planning decisions. If a decision affects you adversely, we'll help you assess your options and develop the right strategy. Whether that involves challenging the decision through a formal process or exploring alternative dispute resolution, we'll work with you to protect your interests and achieve the best possible outcome.
Decision
In public law disputes, the court's role is to consider whether a decision was made lawfully. This means looking at how the decision was reached, whether the correct process was followed, and whether the decision maker acted within their legal powers. The cCourt does not decide whether a decision was fair or whether it agrees with the outcome. Instead, it focuses on the decision making process.
Timing
Challenges against decisions made by public bodies are subject to strict time limits. Acting quickly is essential. We'll identify when the relevant time period began, assess any key deadlines and work with you to take the necessary steps within the required timeframe.
Communicating with the public body
A key part of any challenge is to communicate with the public body about the contested decision, and the remedial action you are seeking. We'll prepare and send the necessary pre action correspondence, setting out your concerns clearly and explaining the outcome you're seeking.
Suitable alternative remedies
Judicial review is seen by the Court as a remedy of last resort. We will consider carefully with you whether there are suitable alternative remedies that should be explored (including internal appeal processes and a referral to an Ombudsman). By exploring the most appropriate route at an early stage, we can help you pursue the most effective and cost efficient solution for your circumstances.
Questions we’re often asked
Yes, public law challenges are subject to very strict time limits. The exact time limit depends on the nature of the decision being challenged. We encourage you to seek advice urgently.
The court has a range of powers, but the most common order sought in a judicial review claim is a quashing order (to unwind the decision being challenged).
This depends on the fact of each case, but public law challenges are dealt with quicker than traditional civil litigation.
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