Judicial Review
Judicial Review – Legal Advice & Representation
If you are dissatisfied with a public authority’s decision or action, you may have the option to challenge it through a process called Judicial Review. Judicial Review is essential to the UK’s legal system, allowing individuals and organizations to hold public authorities accountable for their decisions and actions. In this article, we will explore what Judicial Review is, how it works in the UK, its associated costs, and how Legal Pathway Solicitors can help you.
What is Judicial Review in the UK?
Judicial Review is a legal process that allows individuals and organizations to challenge public authorities’ decisions and actions, such government departments, local councils, and other public bodies. The purpose of Judicial Review is to ensure that public authorities act lawfully, reasonably, and within their legal powers.
To initiate a Judicial Review, you must demonstrate that you have a “sufficient interest” in the matter and that there has been a breach of public law. This could include a failure to follow proper procedures, an unreasonable decision, or a decision outside the public authority’s legal powers.
How does Judicial Review Work in the UK?
In the UK, the High Court typically hears a Judicial Review. The process involves a review of the decision or action in question and the procedures that led to it. The court will consider whether the public authority acted within its legal powers, followed proper procedures, and acted fairly and reasonably.
If the court finds that the public authority acted unlawfully, it may issue an order to quash the decision or action. It may also issue other orders to correct the situation, such as ordering a public authority to reconsider a decision or to take a particular action.
What are the Costs Associated with Judicial Review in the UK?
The costs associated with a Judicial Review can vary depending on the case’s complexity and the proceedings’ length. In some cases, legal aid may be available to cover the costs of the proceedings. However, legal aid is unavailable for all cases and may be subject to specific eligibility requirements.
In cases where legal aid is not available, the costs of a Judicial Review can be high. These can include court fees, legal fees, and other associated costs. At Legal Pathway Solicitors, we understand the financial implications of a Judicial Review, and we offer competitive pricing and flexible payment options to ensure that you can access justice without undue financial burden.
Do you need to take any steps prior to applying for Judicial Review?
The first step in the Judicial Review procedure is to write a formal letter to the decision-making body setting out your proposed claim and what you seek. This is known as a pre-action protocol letter (a letter before a claim/action). This gives the decision-making body a chance to withdraw their decision or correct their mistake without going to the Judicial Review stage. A response is usually expected within 14 days. If there is no response to the Pre-Action Protocol letter or it is unsatisfactory, you may proceed to lodge a Judicial Review claim.
Judicial Review is a complex procedure, and we advise you to seek legal advice from our expert lawyers by contacting us at 0203 004 9956 or by emailing us at contact@legalpathway.co.uk before proceeding with any application. Our highly reputable solicitors can confidently guide you along the Judicial Review process.
What are the grounds for applying for Judicial Review?
Judicial Review can be challenged on the following grounds:
- Illegality – a decision can be overturned on the grounds of illegality if the decision-maker did not have the legal power to make that decision.
- Irrationality – a decision can be overturned on the grounds of irrationality if it is so unreasonable that no other reasonable person, acting reasonably, would have come to make that decision.
- Procedural Unfairness – a decision can be overturned if the public body has acted incompatible with human rights that are given effect by the Human Rights Act 1998.
There are also other grounds under which you can bring a claim for Judicial Review.
If you feel your decision is unlawful and have not received a right of appeal, call us on 0203 004 9956 from Monday to Friday.
What happens if permission for Judicial Review is Refused?
If your application for permission is refused on the papers, you may be able to apply to “renew” the decision. This means you are asking the court to reconsider the decision in an oral hearing rather than on paper.
What happens if permission to seek Judicial Review is granted?
There will be a substantive hearing if permission for Judicial Review is granted. The substantive hearing will, however, usually take place a few months after receipt of evidence from the other parties and the claimant filing any further evidence. We will arrange all your documents a few weeks before the hearing date and prepare a bundle to send to the court and relevant parties.
The Respondent (decision-making body) may offer to reconsider their original decision before the case proceeds to the final hearing. If this happens, we will assess your case and advise you on the best action.
If you cannot agree with the public body, the case will proceed to a full Judicial Review hearing at which the Judge will consider the claim in detail.
For detailed advice, kindly contact our public law team at 0203 004 9956 or email us at contact@legalpathway.co.uk, who would be able to assess the merits of your case and discuss your case in further detail.
What are the possible remedies for Judicial Review?
The remedies the court can award in a Judicial Review are discretionary. If a claim is successful, the main remedies awarded by the Court are likely to be limited to one or more of the following:
- Quashing Order – this order overturns or makes null a decision or action under review, rendering it legally void.
- Prohibiting Order – this order prohibits a public body from making a decision or taking an action that has not yet taken place.
- Mandatory Order – this order compels a public body to do something, e.g., to remake a decision within a designated period.
- Declaration – a declaration is a statement of what the law is, where disputed.
- Damages – this order requires a public body to pay damages. However, this is only available where other legal remedies are also sought.
How long does a Judicial Review take to be concluded?
This depends on how far the case proceeds and many factors out of our control. It depends on the court’s capacity as to when they can list your case.
Generally, a Judicial Review up to a final hearing can take 9-12 months to conclude. It may take less time if, for example, the decision-maker settles the claim early.
What are the chances of success for my Judicial Review Claim?
Judicial Review can be a time-consuming and complex process. The chances of success will depend on the unlawfulness and reasons for the refusal of the decision-making body. We will need to assess the merits of your case by looking at all aspects of the case.
For detailed advice, kindly get in touch with our public law team at 0203 004 9956 or email at contact@legalpathway.co.uk
