Judicial review

In some circumstances, it can be difficult to determine what decision can be challenged in a judicial review. As already stated, public bodies can include local authorities, regulators etc, but the distinction between a public and private body can often be blurred. To get around this, the court can review decisions by judicial review if the body is performing functions that have public law consequences.

To bring an application for judicial review the court must be satisfied that the party has interest – or locus standi  – in the matter. Unfortunately, there is no direct definition of what sufficient interest means but the court will have regard to the relevant factors including:

• The extent of the party’s interest in the issue
• Consideration of maintain the rule of law
• The nature and severity of the breach of duty by the public body

Judicial reviews claims must be brought promptly, and there is a time limit of three months from the decision being made.

The question of the remedies available is obviously an important factor in determining whether to bring an application for Judicial review. It is important to note that the remedies are discretionary, meaning a Judge is not obliged to award the remedy being sought, or any remedy at all.  Generally, the following remedies are available

• Injunctions, either restraining a body from exercising a decision beyond its power or requiring a body to carry out its legal decisions
• A quashing order, quashing the decision of the public body
• Damages, but only in exceptional circumstances
• Declarations, these merely set out the legal decision and do not order a specific action

Judicial reviews can be complex, with strict procedures and time limits. This is why it is recommended that you seek legal representation as soon as possible. We will discuss the merits of an application, analyse the risks, and review all relevant documentation. We will endeavour to keep costs low whilst always maintaining a high level of expertise and service.