Judicial Review
Expert Judicial Review Solicitors | Public Law Specialists
Challenging unlawful decisions by public bodies requires specialist expertise. Our judicial review solicitors bring cases against government departments, local authorities, and other public bodies across all areas of law. From immigration decisions to planning refusals, we identify grounds for challenge and pursue justice through the High Court.
Contact us: 0203 909 8399 | Book a Consultation
What Is Judicial Review?
Judicial review is the process by which courts supervise public body decisions. It examines not what decision was made, but how it was reached. This powerful legal remedy ensures public bodies act within their powers, follow proper procedures, and make rational decisions based on relevant considerations. Our experienced public law team guides clients through this complex area of administrative law.
When Can You Bring Judicial Review?
Judicial review applies when:
- Public bodies exceed their legal powers
- Decision-making processes are flawed
- Relevant factors are ignored
- Irrelevant considerations influence decisions
- Decisions are irrational or unreasonable
- Legitimate expectations are breached
Grounds for Judicial Review
Illegality
Public bodies must act within their legal powers:
- Ultra vires: Acting beyond statutory powers
- Error of law: Misinterpreting legislation
- Jurisdictional error: Deciding matters outside authority
- Improper purpose: Using powers for wrong reasons
- Relevant considerations: Ignoring important factors
- Fettering discretion: Rigid policy application
Procedural Unfairness
Decision-makers must follow fair procedures:
- Natural justice: Right to fair hearing
- Bias: Actual or apparent prejudice
- Consultation failures: Inadequate public engagement
- Reasons: Insufficient explanation for decisions
- Legitimate expectation: Breaking clear promises
- Right to be heard: Denying representation
Irrationality
Wednesbury unreasonableness test:
- Perverse decisions: No reasonable authority would make
- Disproportionate: Excessive response to issue
- Inconsistent treatment: Unjustified different approach
- Human rights breaches: Violating fundamental rights
- Equality duties: Discrimination or bias
Areas of Judicial Review
Immigration Decisions
Challenging Home Office decisions:
- Visa refusals and cancellations
- Deportation orders
- Detention decisions
- Asylum refusals
- Citizenship applications
- Sponsor licence revocations
Planning and Environment
Local authority and planning decisions:
- Planning permission refusals
- Enforcement notices
- Compulsory purchase orders
- Environmental permits
- Listed building consents
- Green belt decisions
Housing and Homelessness
Local authority housing decisions:
- Homelessness decisions
- Housing allocations
- Suitable accommodation
- Intentional homelessness
- Local connection disputes
- Temporary accommodation
Education
School and education authority decisions:
- School admissions
- Special educational needs
- School exclusions
- Transport provision
- Academy conversions
- School closures
Healthcare
NHS and healthcare decisions:
- Treatment funding refusals
- Continuing healthcare
- Hospital closures
- GP practice decisions
- Mental health detention
- Clinical commissioning
Licensing and Regulation
Regulatory body decisions:
- Professional licensing
- Taxi licensing
- Premises licences
- Gambling licences
- Environmental permits
- Trading standards
Judicial Review Procedure
Pre-Action Protocol
Before court proceedings:
- Letter before claim: Formal notice to defendant
- 14-day response: Standard timeframe
- Alternative remedies: Consider other options
- ADR consideration: Explore settlement
- Urgent cases: Shorter timescales apply
- Protective claim: If deadline approaching
Permission Stage
Initial court hurdle:
- Arguable case: Realistic prospect of success
- Standing: Sufficient interest in matter
- Time limits: Promptly and within 3 months
- Paper determination: Judge reviews documents
- Oral renewal: If refused on papers
- Costs protection: Potential caps available
Substantive Hearing
Full court consideration:
- Skeleton arguments: Detailed legal submissions
- Bundle preparation: Relevant documents
- Witness evidence: Supporting statements
- Expert reports: Specialist opinions
- Oral advocacy: Court presentation
- Judgment: Reasoned decision
Time Limits - Critical Deadlines
⚠️ Strict Time Limits Apply
- General rule: Within 3 months of decision
- Planning cases: 6 weeks from decision
- Procurement challenges: 30 days from knowledge
- No extensions: Court rarely extends time
- Promptness required: Even within time limits
Remedies Available
Court Orders
Successful challenges can obtain:
- Quashing order: Cancels unlawful decision
- Mandatory order: Compels specific action
- Prohibiting order: Prevents unlawful action
- Declaration: States legal position
- Damages: Compensation (limited circumstances)
- Interim relief: Temporary protection
Urgent Applications
Immediate court intervention:
- Urgent injunctions: Stop immediate action
- Out of hours: Emergency judge contact
- Without notice: Ex parte applications
- Interim relief: Maintain status quo
- Expedited hearings: Fast-track procedures
Costs and Funding
Cost Considerations
Financial aspects of judicial review:
- Court fees: £815 paper application, £1,090 hearing
- Acknowledgment service: £180
- Urgent applications: £315 additional
- Legal costs: Both sides' expenses
- Adverse costs risk: If case fails
- Cost capping orders: Limit exposure
Funding Options
- Legal aid (limited availability)
- Conditional fee agreements
- After the event insurance
- Crowdfunding
- Private funding
- Cost protection orders
Success Factors
Strong Cases Include
- Clear procedural failures
- Obvious legal errors
- Ignored material evidence
- Bias or predetermination
- Failure to give reasons
- Human rights breaches
Common Challenges
- Time limits missed
- Alternative remedies available
- Academic challenges
- Insufficient standing
- Weak grounds
- Discretionary decisions
Why Early Legal Advice Matters
Pre-Action Benefits
- Assess merit objectively
- Identify best grounds
- Ensure deadline compliance
- Proper protocol following
- Evidence preservation
- Cost risk assessment
Strategic Advantages
- Pre-action resolution
- Stronger negotiating position
- Proper case preparation
- Realistic expectations
- Alternative remedies explored
- Cost protection secured
Act Now - Time Is Critical
Why Choose Connaught Law
- Public law specialists
- High Court advocacy
- All areas of judicial review
- Urgent applications handled
- Strategic case planning
- Cost-effective solutions
Our Judicial Review Expertise
- Complex administrative law
- Human rights challenges
- Emergency injunctions
- Multi-party litigation
- Test case experience
- Policy challenges
Client Support Services
- Merit assessment
- Risk analysis
- Funding advice
- Regular updates
- Clear communication
- Post-judgment support
Next Steps
Judicial review challenges require swift action and expert guidance. Our specialist public law solicitors assess the merits of your case, ensure compliance with strict procedures, and advocate forcefully in the High Court. From immigration decisions to local authority actions, we hold public bodies accountable through the law.
Call 0203 909 8399 or
book online for immediate judicial review advice.