What is judicial review?
Any decision made by a public body must comply with the law, and adhere to the relevant procedures. If it fails to do so, redress can be sought via a process known as judicial review, whereby the courts assess the lawfulness of the decision made by the public body.
Judicial review is a very useful tool when it comes to challenges of the decisions of a range of public bodies, these can include government departments, the NHS and a range of local authorities. In respect of the latter, judicial review can also be used to challenge planning permissions decisions.
It is important to note that the purpose of judicial review is not to examine the merits of the decision (i.e. whether or not the outcome is agreed with). Judicial review is concerned with compliance with the procedure or the lawfulness of a decision alone.
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How long does a judicial review take?
The time limit for the issue of judicial review proceedings is usually 3 months from the date of the decision, however, a 6-week limit is sometimes applicable to judicial review of planning decisions. It is, therefore, important to act quickly where there is cause for investigation into the lawfulness of a public body’s decision.
Our expert solicitors have a significant amount of experience in dealing with judicial review, with a particular specialism in planning matters, acting for claimants in challenging a public body decision and defending such decisions (usually working alongside the public body in question) to seek to uphold them.
Get in touch with a member of the team or give us a call on 01202 525333 for more information, advice and guidance on how to assert or defend judicial review claims.
Judicial Review FAQs
What is a judicial review?
A judicial review is a court proceeding where a judge assesses the lawfulness of a decision or action taken by a public body, such as government departments, local authorities and the NHS. These claims usually address a public body’s ability to adhere and comply with lawful procedures.
How long is the judicial review process?
The full process of judicial review typically takes up to 3 months from the date of the decision, however, this can vary depending on complexity, size and other factors. As well as this, judicial reviews of planning decisions have a shorter limit of 6 weeks.
How do I start a judicial review claim?
Before any oficial claims or proceedings can take place, claimants are expected to send a letter to notify the public body of their intentions to bring a judicial review claim. After this, seeking further legal advice and guidance based on your individual circumstances and case is the best way to move things forward.
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About Ellis Jones
Our expert team of dispute resolution solicitors take a personal approach to help you overcome the legal challenges you are facing as efficiently and effectively as possible. Learn more about us and our team.
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