Appeals and Judicial Review

Judicial Review is a process by which a court reviews a decision made by a public body. A public body may be a court, tribunal, government department or other organisation. Judicial Reviews are distinct from appeals, in that an appeal is usually brought to challenge the outcome of a particular case.

The Judicial Review process, on the other hand, analyses the way in which public bodies reached their decision in order to decide whether or not that decision was lawful.

Why Judicially Review a Decision?

If you are seeking to challenge the outcome of a case, judicial review may not be the right vehicle for you.

However, here are some situations that may warrant a stay of proceedings in order to have a decision judicially reviewed:

• A decision made by a prison governor in relation to a prisoner’s rights
• A decision made by a magistrates’ court in respect of a refusal to grant bail
• A decision of a local authority in relation to the rights of a child
• Specific decisions of the Immigration Appeal Tribunals

It should be noted that decisions of the High Court or the Court of Appeal cannot be judicially reviewed, as it is a procedure that is only reserved for the lower courts.

What Effect Can Judicial Review Have?

In essence, it is open for a court or other public body to make exactly the same decision that it did in the first place, although the fact that they have been judicially reviewed will mean that their decision making processes will have been scrutinised so that they are now effected lawfully. However, in making your application for a matter to be judicially reviewed you can ask for:

• A declaration
• A mandatory order that forces the public body to do something
• A prohibiting order that forces the public body not to do something
• A quashing order that overturns the decision of the public body
• Damages (Human Rights Act)

Procedure

It is vital that you do not delay in making your application for judicial review as any delay may severely prejudice the outcome of your case. In any event, you must make your application no later than three months after the decision that you wish to appeal was made. You may be able to obtain funding for your case, but it is extremely advisable to seek legal advice before embarking on this type of legal action.

Cases are either heard in the Administrative Court (one judge sitting alone) or the Divisional Court (two judges.) The Administrative Court sits at the Royal Courts of Justice in London, in Birmingham, Cardiff, Leeds and Manchester. The Divisional Court sits only in London.

Pre-Action Protocol

The Civil Procedure Rules (CPR) Part 54 provides a specific pre-action protocol that must be followed in relation to judicial review claims. The reason for this is to try to expedite matters and to prevent, in so far as is possible, unnecessary legal proceedings. The pre-action protocol for judicial review is set out in full in the CPR, which is available from the HM Courts Service website.