We provide bespoke judicial review advice for individuals, and businesses on a range of legal issues including: Human Rights law, the decision to challenge the police, or a public body, objections to housing authorities, to name a few.
Our friendly, knowledgeable team are experts on judicial review and human rights. We have experience in a range of sectors including but not limited to, education, the police force, and professional services.
Judicial review can be an effective method for challenging the decision of a public body, analysing and reviewing decisions that a public body has made. It is a complex subject matter and can be very expensive, it is therefore strongly advisable to seek expert advice.
Judicial review considers the way that a decision has been made by a public body, regardless of the decision, it aims to address and evaluate if the decision was made by following the appropriate procedures.
Some common forms of judicial review that claimants might wish to dispute are:
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Judicial Review FAQ
Judicial review concerns the misuse and abuse of a public authority's power. Below are a list of some of the most common FAQ’s.
A claim for Judicial review can be made when it is considered that there has been some form of:
• Procedural unfairness – Fairness suggest that a public body should not conduct itself in a way which is so unfair that it can be considered to be a misuse of power. Procedural unfairness occurs when a public body misuses their authority, and diverts from the use of the appropriate procedures. Public bodies have a duty to be unbiased and remain impartial, fair, and reasonable.
• Illegality – Decision makers have a duty to comply with the law accordingly, if they do not comply with the law, or omit to act the decision might be deemed to be illegal. There are several factors which can make a decision unlawful, such as failure to perform a lawful obligation, or an unlawful decision by a public body, or if there has been a violation of an individuals human rights.
• Irrationality – Also known as ‘Wednesday unreasonableness’ occurs when a decision is so unreasonable that no reasonable person would have arrived at such a decision.
A decision can be rejected if it is found to be contradictory to the human rights act 1988.
Yes. Judicial reviews claims have to be created within three months as a time limit. There should not be a significant time delay in seeking advice.
If a judicial review claim is successful the claimant could be entitled to the following:
• Damages – The claimant could be compensated in the form of damages.
• Prohibiting order – Restricts the public body from taking measures which the court deems to be unlawful.
• Mandatory order – Demands that the public body acts.
• Declaration – The court declares the parties’ rights and what the law is.
• Quashing order – The administrative court quashes the decision that has been made In the judicial review. This essentially quashes the decision that the public body has arrived at.