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Judicial Review
If you wish to challenge the decision of a public body such as the police, a government department or a local authority, you may be able to do so by taking judicial review proceedings in the High Court. Judicial review can be applied for in relation to any organisation which performs a public function. A person who wants to apply for judicial review must be seen to have a ‘sufficient interest' in the case. The grounds for such cases will usually be that the body acted illegally (including acting in breach of human rights) or irrationally or that the decision was reached unfairly as it was not made using the correct procedure.
A successful action can compel a public body to do something or prevent them from doing it. The court can also reverse a decision made by a public body or make them reconsider that decision. Damages may be available as a remedy in certain circumstances. Judicial review applications must usually be initiated within three months of the decision being challenged, although the court does have power to extend that period in some circumstances. Judicial review is a complicated procedure and legal advice should be sought. Public Funding is available for judicial review cases. For more information about this, see the section: Going to Court.
An application for initial permission for judicial review should be made to the High Court. They will only grant permission if there is an arguable case and the applicant has requested judicial review without undue delay. The opponent in the case is served with the claim form and has the opportunity to file an acknowledgement of service no more than 21 days afterwards.
The timetable laid down in court rules requires that an application for permission be made expeditiously and in any event within three months of the decision complained of. The court does have power to extend that period in some circumstances.
An application for permission is usually considered by a single Judge on the basis of the papers submitted by the parties. There is no right to an oral hearing as such, although if permission is refused then the applicant may request reconsideration by way of oral hearing at that stage.
A successful action can compel a public body to do something or prevent them from doing it. The court can also reverse a decision made by a public body or make them reconsider that decision. Damages may be available as a remedy in certain circumstances. Judicial review applications must usually be initiated within three months of the decision being challenged, although the court does have power to extend that period in some circumstances. Judicial review is a complicated procedure and legal advice should be sought. Public Funding is available for judicial review cases. For more information about this, see the section: Going to Court.
An application for initial permission for judicial review should be made to the High Court. They will only grant permission if there is an arguable case and the applicant has requested judicial review without undue delay. The opponent in the case is served with the claim form and has the opportunity to file an acknowledgement of service no more than 21 days afterwards.
The timetable laid down in court rules requires that an application for permission be made expeditiously and in any event within three months of the decision complained of. The court does have power to extend that period in some circumstances.
An application for permission is usually considered by a single Judge on the basis of the papers submitted by the parties. There is no right to an oral hearing as such, although if permission is refused then the applicant may request reconsideration by way of oral hearing at that stage.
