Judicial review is a process where the court examines the decision-making process of a public body (such as your local authority). It is very important to remember that it is only concerned with the lawfulness of the decision-making process; it cannot consider the merits of any decision.
Hugh James environmental solicitors are well known and highly regarded for advising on environmental group actions and leading judicial reviews against local authority and government decisions.
What is a judicial review?
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 and usually within three months after the decision in question has been made. 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. Because of the tight timescales involved, we will require your assistance to organise the documents before sending them to us, so that we can assess the prospects of your potential judicial review claim in the quickest and most efficient way possible.
Permission must be obtained from the court before a full hearing will be permitted before the High Court.