Judicial Review can be a complicated area and requires an examination and analysis of how a decision was reached. It isn’t so much concerned with the actual decision, although it often can be, but whether in all the circumstances it has been arrived at lawfully. The Judicial Review is considered by a judge who considers whether the person making the decision has acted lawfully.
If a claim for Judicial Review is successful the original decision will be quashed and a re-hearing in a newly constituted court. The same decision can sometimes be the conclusion at the end of the rehearing, but at least the lawfulness of the new decision should be sound.
Judicial Reviews need to be considered and applications submitted within 3 months of the original decision, save for planning which is 6 weeks. So, it is important to consult us and apply for Judicial Review as quickly as possible.
Pre Action Protocol applies in JR proceedings. The first thing is to write a formal letter to the proposed defendant setting out your proposed claim and what you are seeking – the PAP letter and normally a response is expected within 14 days.
There are different grounds for Judicial Review: Illegality, Irrationality and Procedural Impropriety. Sometimes more than one of these grounds for Judicial Review will be relevant for the claim. A tribunal must also act impartially and without bias. If there is a direct or indirect interest in the decision arrived at then this may amount to grounds for Judicial Review.
We have strategically aligned ourselves with 6 Pump Court to deal with Judicial Reviews and proceedings that may flow from those proceedings. They have expertise in these areas. In particular, we work very closely with Robert Griffiths QC (see http://www.6pumpcourt.co.uk/barrister/robert-griffiths-qc/) and Stuart Jessop (see http://www.6pumpcourt.co.uk/barrister/stuart-jessop/ ).
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