Judicial Review

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.

What Our Judicial Review Solicitors Can Help With

• Administrative Decisions: Challenging unlawful decisions by government departments
• Planning Decisions: Appeals against local authority planning permissions
• Immigration Decisions: Home Office visa and deportation decisions
• Licensing Decisions: Regulatory and professional licensing disputes
• Education Decisions: School admission and exclusion appeals
• Healthcare Decisions: NHS funding and treatment decisions
• Procurement Decisions: Public sector tender and contract award challenges
• Human Rights Claims: Violations of European Convention rights

Grounds for Judicial Review

Illegality:

• Acting without legal authority or power
• Misinterpreting the law or relevant legislation
• Taking irrelevant considerations into account
• Failing to consider relevant factors
• Acting for improper purposes
• Breach of statutory duties

Irrationality (Wednesbury Unreasonableness):

• Decisions so unreasonable no rational authority would make them
• Decisions that fly in the face of logic and accepted moral standards
• Manifest absurdity in decision-making process
• Obvious mistake or error in judgment

Procedural Impropriety:

• Failure to follow proper procedures
• Breach of natural justice principles
• Failure to give adequate consultation
• Bias or apparent bias in decision-making
• Failure to give reasons for decisions
• Inadequate opportunity to make representations

The Judicial Review Process

Pre-Action Protocol:

• Letter before action to public body
• Setting out grounds and proposed remedy
• Allowing opportunity for reconsideration
• 14-day response period for urgent cases
• Exploring alternative dispute resolution

Application Stage:

• Complete application form N461
• Submit detailed statement of grounds
• Provide supporting evidence and documents
• Pay application fee (£154 or £770)
• Apply for urgent consideration if appropriate

Permission Stage:

• Administrative Court considers arguability
• Paper consideration by judge
• Oral hearing if permission refused
• Permission can be granted on some grounds only
• Protective costs order consideration

Judicial Review Remedies

Mandatory Orders:

• Mandatory Order: Requiring public body to act
• Prohibiting Order: Preventing unlawful action
• Quashing Order: Setting aside unlawful decisions

Other Remedies:

• Declarations: Stating the legal position
• Injunctions: Preventing continuing unlawful conduct
• Damages: Compensation for loss (limited circumstances)

Time Limits and Urgency

Strict Time Limits:

• Claims must be brought promptly
• Maximum 3 months from decision date
• Shorter time limits for planning and procurement cases
• Good reason required for delay
• Court can refuse permission for delay
• Urgent cases can be expedited

Urgent Applications:

• Cases requiring immediate court intervention
• Risk of irreparable harm if delay occurs
• Interim relief and injunctions available
• Higher court fees for urgent consideration
• Short notice hearings possible

Costs and Funding

Court Fees:

• Application fee: £154 (paper application) or £770 (hearing)
• Continuation fee: £770 if permission granted
• Urgent consideration: Additional £1,090
• Fee remission available for low income applicants

Legal Costs:

• Simple cases: £5,000-£15,000
• Complex cases: £15,000-£50,000+
• Protective costs orders available
• Aarhus cases (environmental): £5,000 cap for individuals
• Legal aid available in exceptional cases

Costs Protection:

• Protective costs orders limiting liability
• Standard caps: £5,000 individuals, £10,000 groups
• After the event insurance available
• Conditional fee arrangements possible

Common Types of Judicial Review

Planning and Development:

• Planning permission decisions
• Enforcement notices and appeals
• Local development plan challenges
• Infrastructure and major project decisions
• Environmental impact assessment failures

Immigration and Asylum:

• Visa refusal decisions
• Deportation and removal decisions
• Asylum claim refusals
• Settlement and citizenship decisions
• Entry clearance applications

Business and Regulatory:

• Professional licensing decisions
• Regulatory enforcement actions
• Public procurement challenges
• Competition authority decisions
• Tax and revenue decisions

Human Rights Considerations

Judicial review often involves human rights issues:

• Article 6: Right to fair trial and hearing
• Article 8: Right to private and family life
• Article 1 Protocol 1: Right to property
• Article 14: Prohibition of discrimination
• Proportionality: Balancing competing rights and interests

Alternative Dispute Resolution

Courts encourage ADR in judicial review cases:

• Mediation: Facilitated settlement discussions
• Settlement Negotiations: Direct discussions with public body
• Ombudsman Complaints: Administrative justice alternatives
• Internal Appeals: Exhausting administrative remedies first
• Statutory Appeals: Using specific appeal procedures where available

Why Choose SolicitorConnect for Judicial Review

• Public Law Specialists: Solicitors focusing exclusively on judicial review
• Court Experience: Regular practice in Administrative Court
• Strategic Approach: Assessing prospects and alternative remedies
• Costs Management: Securing protective costs orders and funding
• Urgent Applications: Experience in time-critical cases
• Settlement Skills: Achieving resolution without full hearing

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.