Judicial Review
Public bodies make decisions that can significantly affect your life. If you believe a decision was made unlawfully, you may be able to challenge it through judicial review. Our experienced team helps clients hold public authorities to account, including local councils, the NHS, and statutory bodies.
Grounds for judicial review
We’ll assess the reasonableness of the decision you are seeking to challenge and determine whether it can be challenged on grounds of irrationality, illegality, or procedural impropriety. Working closely with specialist Counsel, we’ll advise on your chances of success and whether judicial review is the right route forward.
Communicating with the public body
Before taking legal action, we’ll send clear and detailed correspondence to the relevant public body involved. This sets out the basis of your claim and requests key documents that support your case.
Seeking permission
Judicial review involves a two-stage process. First, you must obtain the Court’s permission to proceed. Most applications are considered on paper, without a hearing. If permission is granted, your case moves forward, and the Court will then hold a substantive hearing.
The decision
In judicial review, the Court is concerned only with the lawfulness of the decision. The Court will not assess the fairness (or otherwise) of the decision itself. We’ll build a case that shows the process was flawed, unlawful or unreasonable, giving you the best chance of a successful challenge.
Suitable alternative remedy
Judicial review is a remedy of last resort. We'll explore all other possible remedies with you first, such as internal appeal processes and a referral to an Ombudsman.
Questions we’re often asked
Yes. Judicial review is subject to strict deadlines. The time limit varies depending on the decision in question, so it’s important to get legal advice as soon as possible.
The Court has a range of powers, but the most common order sought in a judicial review is a quashing order (to unwind the decision being challenged).
This depends on the facts of each case, but if permission is granted, it is likely to be in excess of 12 months to reach a substantive hearing.
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