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A B C D E F G H I J K L M N O P R S T V W Y

Judicial Review

Judicial Review

Judicial Review is a procedure whereby the Court will consider the lawfulness of a decision, action or omission of a public body. Such bodies may include, Local Authorities, the Police, Primary Care Trust’s and Public Regulatory Bodies.

The Court will not be concerned with the merits of the public body’s decision but it will assess the legality of the decision as to whether the correct procedures have been followed. If the correct process hasn’t been adhered to then there may be grounds to quash or nullify the decision.

Judicial Review proceedings can be extremely diverse and far reaching in terms of their application and the remedies that they seek. However, in short, a public authority may be considered to have acted unlawfully if it has made a decision or done something:

  1. Without the legal ability or power to do so;
  2. So unreasonable that no reasonable decision-maker could have reached the same conclusion or acted in such a manner; and
  3. Without adhering to procedural requirements or in breach of Convention rights.

Judicial review proceedings are required to be issued promptly and no later than 3 months from the date of the decision being challenged. Sometimes it can be difficult to assess when the time begins to run especially if there are multiple decisions or appeals. Therefore, if you wish to challenge a public bodies’ decision it is important that you take do so as soon as possible.

At Brabners, we have years of experience in advising upon and pursuing Judicial Review proceedings. We will advise you of your options, ensure that you understand any steps which may have to be taken and support you through all stages of the legal process should court action be required.

To discuss any issues that you have which may give rise to a Judicial Review challenge or if you’d just like to know whether you have grounds to being a claim please contact us.

Dispute Resolution Newsletter

Our team of Dispute Resolution solicitors publishes a quarterly e-newsletter covering the latest legal news and developments across a wide variety of litigation matters. To find out more about the latest issue, or browse through past editions, please visit The Brief category in the Publications section.

Useful Downloads

Dispute Resolution leaflet

Guide to Small Claims and Alternative Dispute Resolution
View our guide to see how you can manage your own small claim as well as alternatives to going to court.