Human Rights

Judicial Review

Challenging unlawful decisions by public authorities

SRA Regulated
No Win, No Fee Available
25+ Years Experience

Judicial Review Proceedings

Judicial review is the process by which the High Court supervises the decisions and actions of public bodies to ensure they act lawfully. It's a powerful remedy for individuals and organisations affected by unlawful government decisions. We have extensive experience bringing judicial review challenges across a wide range of public law areas, from immigration and asylum to planning, social care, and human rights.

Holding Power to Account

Judicial review ensures that public bodies exercise their powers lawfully, fairly, and rationally. It's a cornerstone of the rule of law and democratic accountability.

Areas We Cover

Immigration & Asylum

Challenging Home Office decisions on visas, asylum claims, deportation, and detention.

Planning & Development

Challenging planning permissions, enforcement decisions, and development consent orders.

Social Care

Challenging failures to assess or provide social care under the Care Act 2014.

Prisons & Parole

Challenging prison categorisation, segregation, Parole Board decisions, and conditions.

Environment

Challenging environmental decisions affecting air quality, habitats, and development.

Public Services

Challenging decisions on education, housing, health services, and welfare benefits.

Grounds for Judicial Review

A public body's decision can be challenged on several legal grounds:

Illegality: The decision-maker acted outside their legal powers or misinterpreted the law
Irrationality: The decision is so unreasonable that no reasonable authority could have made it
Procedural Unfairness: The decision-making process was unfair or failed to follow proper procedures
Human Rights Breach: The decision violates rights protected by the Human Rights Act 1998
Legitimate Expectation: The authority acted contrary to a promise or established practice
Proportionality: The decision is disproportionate to the legitimate aim pursued

The Judicial Review Process

1

Pre-Action Protocol

Before issuing proceedings, we send a detailed pre-action letter to the public body, explaining the grounds for challenge and inviting them to reconsider their decision. Many cases are resolved at this stage without the need for court proceedings.

2

Permission Stage

If pre-action correspondence doesn't resolve matters, we issue a judicial review claim form. The court then considers whether to grant permission to proceed. Permission is granted if the claim is arguable and brought within the strict time limits (usually 3 months).

3

Substantive Hearing

If permission is granted, the case proceeds to a full hearing where both sides present detailed legal arguments. The court examines whether the public body acted lawfully, not whether the decision was right or wrong on its merits.

4

Remedies

If successful, the court can quash the unlawful decision, order the public body to make a fresh decision, issue a mandatory order requiring action, or award damages where appropriate. The goal is to ensure lawful decision-making going forward.

Why Choose Us

Public Law Specialists

Extensive expertise in judicial review across all areas of public law and administrative decision-making.

Urgent Applications

We can act urgently to obtain interim relief preventing irreversible harm pending full hearing.

Legal Aid & Funding

We secure legal aid where available and explore alternative funding options including CFAs.

Strong Track Record

Successful outcomes in high-profile judicial reviews at all court levels including Supreme Court.

Frequently Asked Questions

Common questions about judicial review proceedings.

Judicial review claims must generally be brought promptly and in any event within 3 months of the decision being challenged. Some areas have shorter time limits (e.g., 6 weeks for planning challenges). It's crucial to act quickly, as courts can refuse permission for delay even within 3 months.

Costs vary depending on complexity. Legal aid may be available for cases with merit and public interest. We can also explore conditional fee agreements (no win, no fee) and other funding options. Pre-action letters often resolve matters without expensive court proceedings.

You need "sufficient interest" in the decision being challenged. This is interpreted broadly, particularly in human rights and public interest cases. Generally, if the decision directly affects you or you represent a community affected by it, you'll have standing.

The court can quash the unlawful decision and order the public body to make a fresh decision applying the law correctly. The court can also issue mandatory orders requiring specific action, prohibiting orders preventing unlawful conduct, and in some cases award damages.

Ready to Take Action?

Get expert legal advice on your judicial review case. Free, no-obligation consultation.

Get in Touch

Speak with our experienced legal team about your case. We're here to help.

Phone

01903 931043

Office Hours

Mon-Fri: 9:00 AM - 5:30 PM