Judicial review is a process by which the courts help to ensure that public bodies (or private bodies carrying out a public function) behave lawfully.
It works by enabling people to challenge a public law decision that has adversely impacted them or, in certain circumstances, where they have sufficient interest in the issues relating to the decision.
Decisions, acts, and failures to act by public bodies (or private bodies carrying out a public function) are all potentially subject to an application for judicial review.
Hickman & Rose have advised on and acted in numerous applications for judicial review. Our lawyers have acted in judicial review matters at the Court of Appeal and Supreme Court. The firm’s work in the area has focused particularly on challenges relating to the criminal justice system.
In order to bring a claim for judicial review the person or organisation must have ‘standing’ to do so. This usually means that they must have been affected by the decision or that an organisation has sufficient interest in the issues.
Any other person or organisation with an interest in the application for judicial review may apply to become an Interested Party in the proceeding. Not all applications for Interested Party status succeed.
Organisations can also seek to ‘intervene’ in the judicial review proceedings. This is usually only permitted if the organisation has special knowledge of the matter in question, or particular expertise.
Most judicial review cases must be brought before the court ‘promptly’, and in any event within three months of the decision being challenged. The emphasis is on the word ‘promptly’, therefore sometimes, even if an application has been made within three months, this will not be considered to have been sufficiently ‘prompt’.
There are some situations whereby the time limit for making an application for judicial review has been shortened, for example, by the Inquiries Act 2005. It is therefore important that anyone who seeks to make a judicial review application acts expeditiously.
The courts have a wide range of potential remedies available to them if an application for judicial review is granted:
Hickman & Rose are highly experienced in judicial review matters. Our lawyers provide expert advice to those considering challenging a public law decision, and those who are either an Interested Party or who are considering applying to intervene in judicial review proceedings. The firm’s work in this area includes:
In addition to the above, Hickman & Rose are experienced in assisting individuals and organisations in making complaints, particularly those relating to the criminal justice system, which may result in the issue of concern being resolved. However, if this is not the case, we can advise in relation to the prospects of a successful claim for judicial review.
18 Mar 2021
Head of Civil Litigation Daniel Machover has been quoted at length in the Law Society Gazette on the results of Lord Faulks’ review of judicial review. Daniel argues that the review ‘reflects that it…
9 Mar 2021
By Stefano Ruis
The UK government is considering whether the Human Rights Act (HRA), which was passed into law in 1998, should be changed. It has set up an independent review designed to establish…