Judicial Review
The decisions of public bodies can often impact on your environment, what if for example a decision is made by a planning authority to grant permission for a waste incinerator near your home? The main way to challenge such decisions is through a process called Judicial Review.
We are regularly instructed by groups of residents wishing to challenge decisions which impact on the environment.
The law relating to judicial review is complex and we recommend that you take specialist advice if you are considering a challenge. The main thing you need to know is that the court will not readily interfere with public authority’s decisions however decision makers must act lawfully and in a procedurally fair way. This includes taking into account material considerations, not taking into account immaterial considerations, and acting within their powers. The court has a supervisory role in ensuring that the decision maker has acted lawfully.
Judicial review is only concerned with the lawfulness of the decision making process. It cannot consider the merits of any decision. It will not interfere with the discretion of a public body unless the public body has acted unlawfully.
The usual result from a judicial review procedure is that the decision is quashed or nullified. In turn this usually means that the decision has to be taken again, however if a decision was taken inappropriately at the first instance it will be difficult for it to be taken again.
Judicial review proceedings have to be issued promptly or usually in any event within 3 months after the decision in question is taken. It can be difficult to assess when time begins to run in various cases. It is therefore important that if you wish to challenge a Public Authority’s decision that you take steps to do as soon as possible.
Permission must be obtained from the court before a full hearing will be permitted before the High Court.
Public funding (formally known as Legal Aid) is still available for judicial review cases subject to a successful application.
For further information contact Gwen Evans on 01685 371122 or email her at gwen.evans@hughjames.com
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