Specialist judicial review solicitors for challenging public body decisions, administrative law proceedings and human rights claims. Expert public law representation.
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Judicial review is the legal process for challenging decisions made by public bodies when they act unlawfully, irrationally, or unfairly. This powerful legal remedy protects citizens and businesses from improper use of public power and ensures public bodies act within their legal authority.
Illegality:
Irrationality (Wednesbury Unreasonableness):
Procedural Impropriety:
Pre-Action Protocol:
Application Stage:
Permission Stage:
Mandatory Orders:
Other Remedies:
Strict Time Limits:
Urgent Applications:
Court Fees:
Legal Costs:
Costs Protection:
Planning and Development:
Immigration and Asylum:
Business and Regulatory:
Judicial review often involves human rights issues:
Courts encourage ADR in judicial review cases:
Judicial review requires specialist expertise to navigate complex procedural requirements, strict time limits, and substantive legal arguments.
This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.
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Find Your SolicitorCommon questions about judicial review and how our solicitors can help
Judicial review can challenge any decision by public bodies including government departments, local authorities, NHS trusts, regulatory bodies, and other public authorities. Common challenges include planning decisions, immigration decisions, licensing decisions, benefit decisions, education appeals, healthcare funding decisions, and procurement award decisions. The decision must affect your legal rights or interests.
Judicial review claims must be brought promptly and within 3 months of the decision. Some areas have shorter limits: planning decisions (6 weeks), procurement challenges (within standstill period). The court can refuse permission even within time limits if there's undue delay. Urgent cases can be expedited with applications for interim relief to prevent irreparable harm.
Judicial review costs include court fees (£154-£1,090), legal costs (£5,000-£50,000+), and potential liability for other side's costs. Protective costs orders can cap liability at £5,000 (individuals) or £10,000 (groups). Environmental cases (Aarhus) have lower caps. Fee remission available for low income. After-the-event insurance and CFAs can provide cost protection.
Evidence should include the original decision document, correspondence with public body, relevant policies and guidance, witness statements explaining impact, expert evidence where technical issues arise, contemporaneous documents showing decision-making process, and any alternative decisions or approaches. Evidence must be relevant to legal grounds and proportionate to case importance.
Yes, urgent interim relief is available where there's risk of irreparable harm before the main hearing. Applications require strong arguable case, serious issue to be tried, balance of convenience favoring applicant, and inadequacy of damages as remedy. Court can grant injunctions, suspend decisions, or maintain status quo pending final determination.
The pre-action protocol requires sending a letter before action to the public body giving them opportunity to reconsider their decision. It should identify the decision, grounds for challenge, proposed remedy, and allow 14 days response (urgent cases). This may resolve matters without court proceedings and is required before applying for judicial review.
Courts can grant mandatory orders (requiring action), prohibiting orders (preventing action), quashing orders (setting aside decisions), declarations (stating legal position), and injunctions (preventing continuing unlawful conduct). Damages are only available in limited circumstances, typically alongside human rights claims. The court chooses appropriate remedy based on circumstances and public interest.
Yes, judicial review requires permission from the Administrative Court. Permission is considered on whether there's an arguable case on legal grounds that warrants court consideration. Initial consideration is on papers only, with oral hearing available if refused. Permission can be granted on some grounds only, and protective costs orders are considered at permission stage.
Yes, many judicial review cases settle through negotiation, mediation, or after the public body reconsiders their decision following the pre-action protocol letter. Settlement can involve changing the decision, providing compensation, agreeing policy changes, or giving undertakings about future conduct. Settlement often provides quicker, cheaper resolution than full court proceedings.
If you lose, you may be liable for the other side's legal costs (potentially £10,000-£50,000+) unless you have costs protection. The decision remains in place and you cannot bring the same challenge again. However, you may be able to appeal to Court of Appeal on points of law, though permission is required and prospects must be strong.
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