Judicial Review – Get Legal Help
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What is Judicial Review?
You may challenge a decision of a public body by way of judicial review where you have not been given a right of appeal to challenge the refusal. An application seeking permission for Judicial Review application must be lodged within the three months of the refusal decision. Through Judicial Review, the courts review the unlawfulness of the public body’s decision and if the decision is found to be unlawful, the decision can be overturned by the court, so that the public body can make a fresh decision.
A Judicial Review can challenge the government and any public body. These include, but are not limited to:
- Government Departments including Home Office
- NHS
- Police Forces
- Magistrates Court and County Courts
- Coroners
- Prisons
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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 are seeking. This is known as pre-action protocol letter (which is also known as a letter before claim/action). This gives the decision-making body a chance to withdraw their decision or correct their mistake without having to go to the judicial review stage. A response is normally 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.
As judicial review is a complex procedure, we advise you to seek legal advice from our expert lawyers by contacting us on 0203 500 1311 or by sending us an email on enquiries@dysonsolicitors.com before proceedings with any application so that they are able to provide you with the correct advice on how to approach your matter by enquiriesrming you of the merits of success in your case. Our highly reputable solicitors can guide you along the process of judicial review with confidence.
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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 in a way which in incompatible with human rights that are given effect by the Human Rights Act 1998.
There are also other grounds under which you may be able to bring a claim for Judicial Review.
If you feel like the decision you have received is unlawful and you have not received a right of appeal, you can also call us on 0203 500 1311 from Monday to Friday.
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What is the cost for applying for Judicial Review?
It’s important to know how much the process may cost.
The first stage is the initial application. The fee is £154 to apply for the initial application seeking permission for a judicial review.
If you are refused permission, and you apply for reconsideration at a hearing of the decision on permission, the fee is £350.
If you are granted permission, the fee for proceeding with the judicial review substantive hearing is £770.
If you are unable to afford the court fees, please get in contact with our lawyers on 0203 500 1311 or email us on enquiries@dysonsolicitors.com who would be able to assess whether you would be eligible to apply for help with fees.
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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 the papers.
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What happens if permission to seek Judicial Review is granted?
If permission for Judicial Review is granted, there will then be a substantive hearing. 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. A few weeks before the hearing date, we will arrange all your documents prepare a bundle which will be sent 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 your accordingly on the best course of action.
If you are unable to reach an agreement 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 get in touch with our public law team on +0203 500 1311 or email us on enquiries@dysonsolicitors.com who would be able to assess the merits of your case and discuss your case in further detail.
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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 it 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 of time.
Declaration – a declaration is a statement of what the law is, where disputed.
Damages – this orders a public body to pay damages. However, this is only available where some other form of legal remedy is also being sought.
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How long does a Judicial Review take to be concluded?
This depends on how far the case proceeds and on many factors which are out of our control. It depends on the courts capacity as to when they are able to 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.
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What are the chances of success for my Judicial review claim?
The chances of success will depend on the unlawfulness and reasons for refusal of the decision-making body. We will need to assess the merits of your case by looking at all aspects of your case. Judicial Review can be a time-consuming and complex process.
For detailed advice, kindly get in touch with our public law team on 0203 500 1311 or email us on enquiries@dysonsolicitors.com who would be able to assess the merits of your case and discuss your case in further detail.
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How can Dyson Solicitors help me?
We at dyson Solicitors can assist you whatever stage you are at. We are in demand for our specialist expertise, and our clients know that we will give them clear, honest and practical advice throughout the process.
At dyson Solicitors, our public law experts have extensive knowledge of the process of bringing and defending a claim. Whether you are seeking to apply for a judicial review, or you are public body facing one, we can help.
Swift action is essential; we will work responsively with you all the way for the best outcome. Sometimes just making the application for a judicial review can be enough to trigger a re-examination of the situation and potential negotiation. Please feel free to get in touch with our public law experts. With the help of our expert lawyers, we ensure that the process is stress-free and smooth for you by ensuring our team are keeping you up to date at all stages of the process.
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