- the judge reviews the lawfulness of a decision or action, or a failure to act, by a public body exercising a public function. It is only available where there is no other effective means of challenge.
Judicial review is concerned with whether the law has
been correctly applied, and the right procedures have been followed. In order to succeed, the claimant will need to show that either:
- A public body is under a legal duty to act or make a decision in a certain way and is unlawfully refusing or failing to do so; or
- A decision or action has been taken by a public body that is beyond the powers it is given by law.
The ‘grounds’ for Judicial Reviews or JRs can be:
- Irrationality and Proportionality.
The Court can then
- Quash an order
- Prohibit an order
- Make an Injunction
- Make a Mandatory Order
- Make a Declaration
- Award Damages
- The get out clause is ‘discretion’:Even if the court finds that a public body has acted wrongly it does not have to grant a remedy. It might decide not to do so if it thinks the claimant’s own conduct has been
wrong or unreasonable, for instance where the claimant has delayed unreasonably, has not acted in good faith, or where a remedy would impede a public body’s ability
to deliver fair administration.
Remember that the court will not normally make a decision for a public body, even if you win your judicial review. Very often the public body will have to take a decision again, but following a fairer procedure. It is possible that you may still not get what you want.
The Procedure for Applying covers these stages:
- Pre-action stage: this means writing a letter before claim
- The permission stage: this means asking for permission to bring a JR against the public body
- The final hearing: if permission is granted, the case will to to a final hearing.
- Proposals to limit legal aid for judicial review will undermine the rule of law (telegraph.co.uk)
- Treasury Counsel call on government to reconsider legal aid proposals (legalaidchanges.wordpress.com)
- Judicial Review almost never possible where there is a statutory right of appeal (parentsagainstinjustice.org)
- Legal Aid moves threaten justice (standard.co.uk)
- ‘Impunity’ for UK abuses abroad (bbc.co.uk)
- Leading barristers warn over legal aid cuts (telegraph.co.uk)
- Justice will suffer in legal aid shake-up to save cash, say QCs (standard.co.uk)
- 145 specially appointed Government barristers demand rethink on Legal Aid plans (ukhumanrightsblog.com)
- Crown court judges criticise Chris Grayling’s legal aid plans (guardian.co.uk)
- Top judge urges court costs cut (standard.co.uk)