Launching a judicial review is not something you go into lightly but if there is no other way forward, can be a key step for you or your members/trustees/campaign. A judicial review allows a court to review an administrative action by a public body. Public bodies are trusted to make a wide range of decisions that can have serious impacts on our lives and they must act within the law. 3PB Direct can help if you have been affected by a public body abusing its power or acting unlawfully. Sometimes SMEs or members of the public need to do this as they or their trade associations simply cannot carry on letting regulators or local authorities behave as they are.
Our specialist judicial review solicitors regularly act for individuals, SME companies, charities and community interest who seek to challenge and overturn a decision where the public authority has failed to comply with its legal obligations. Examples of the types of decision which may fall within the range of judicial review include:
3PB Direct lawyers regularly act in judicial review cases in areas such as:
The judicial review process is long and complicated. It is important to get your lawyer on board as soon as possible to give your claim the best chance within the tight time constraints set by the court.
3PB’s barristers are nationally recognised as leaders in the field of administrative and public law and judicial review. We help make compensation claims and undertake public law challenges on issues concerning corporate governance, human rights law and decisions by judicial review. Our cases have pushed the boundaries of the legal system, resulting in changes to the law and providing better protection for citizens and SMEs across the country.
We are proud of the service we offer to our clients. If you have been affected by an unlawful public body decision, we may be able to help you challenge its decision.
For help and advice please contact Matthew Wildish on +44 (0)3333 231 586 or email us.
Yes of course. You don’t have to be ready to instruct a barrister to contact us. One of our experienced team of clerks will be happy to talk to you about your situation and whether you might need to instruct a lawyer; whether this be a solicitor, barrister or other legal adviser. Our clerks will […]
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public organisation. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. In asylum […]
Judicial Review is available to challenge decisions made by public bodies that fall outside of their legally defined powers or which do not comply with the established principles of lawful decision making. We can help you challenge decisions made by: Government departments The NHS and local health authorities Magistrates, coroners and county courts Local councils […]
Public bodies can only do what they are empowered to do by law. The law sets the limits of what each body can do and also sets out duties that they must comply with when taking action or making decisions. A decision is unlawful and can be challenged at judicial review if it falls outside […]
Yes. An injunction is an order made by the court to stop a public body from acting in an unlawful way. Less commonly, an injunction can be mandatory, that is, it compels a public body to do something. Where there is an imminent risk of damage or loss, and other remedies would not be sufficient, […]
You have to do this at the hearing. If you’re turned down you can still apply to the higher court for permission. You can’t apply if you’re refused permission to appeal against a judicial review decision. The other side can also appeal if you win your case.
The following remedies are available in proceedings for judicial review: Quashing order Prohibiting order Mandatory order Declaration Injunction Damages (only available if sought on non-Judicial Review grounds). In any case more than one remedy can be applied for; however, the granting of all remedies is entirely at the court’s discretion.
Rarely. Damages are available as a remedy in judicial review in only limited circumstances. Compensation is not available merely because a public authority has acted unlawfully. For damages to be available there must be either: A recognised private law cause of action such as negligence or breach of statutory duty or; A claim under European […]
There are a variety of funding options for judicial review cases. Legal Aid is available for people claiming means-tested benefits whose case has a reasonable chance of success. Check if you quality for legal aid. CFAs (i.e. No Win No Fee agreements) are available for some cases. Protective Costs Orders (PCOs) protect you from having […]
Yes. A declaration is a judgment by the Administrative Court which clarifies the respective rights and obligations of the parties to the proceedings, without actually making any order. Unlike the remedies of quashing, prohibiting and mandatory order the court is not telling the parties to do anything in a declaratory judgment. For example, if the […]
Claims for judicial review require permission from the court before going ahead. Claims must be made within certain time limits in order to get this permission. Most cases must be made within 12 weeks of the challenged decision being made; or 6 weeks in planning cases. In statutory appeals cases the time is fixed at […]
A quashing order nullifies a decision which has been made by a public body. The effect is to make the decision completely invalid. Such an order is usually made where an authority has acted outside the scope of its powers (ultra vires). The most common order made in successful judicial review proceedings is a quashing […]
A prohibiting order is similar to a quashing order in that it prevents a tribunal or authority from acting beyond the scope of its powers. The key difference is that a prohibiting order acts prospectively by telling an authority not to do something in contemplation. Examples of where prohibiting orders may be appropriate include stopping […]
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