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Appeals and Judicial Review

By: Lorna Elliott LLB (hons), Barrister - Updated: 15 Nov 2016 |
 
Judicial Review Appeal Decision

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.

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Can a court review an action that does not amount to an adminstrative action? If it cannot, why? Can i have case law examples too please.
dee - 15-Nov-16 @ 1:26 PM
Pls I need your advise. There is a case pending before a high court between two parties who are both related to me. The case partly bothers on the ownership of a property which they reside. One party is claiming co-ownership while the other is claiming sole-ownership. Then the party who is claiming sole ownership of the property initiated a suit at the magistrate court demanding that the other party gives up possession of her apartment. At the magistrate court, a motion was brought forward notifying the magistrate about a suit pending at the high court which partly bothers on the ownership of the said property. On this notice, the court was prayed to strike out the case for abuse of court process among other reasons. The magistrate ruled against the motion. The high court was notified about the development and the judge gave an order that the other party cannot be ejected out of the house pending the determination of the suit before it. Another motion for stay of proceedings was brought to the magistrate also notifying her of the order given by the high court judge. The magistrate rejected the application and went on to give judgement in favour of the party who was claiming sole-ownership thereby orderingthe other party to give up possession within a month.The party who was ordered to give up possession sees the judgement as wrong and feels that the magistrate may have compromised. She is therefore seeking redress. Her lawyer intends to go on appeal but another lawyer who wants to take over is proposing a judiciary review. In view of the present situation, which approach best saves the situation; an appeal or a judiciary review?
c j - 9-Dec-15 @ 9:39 PM
kindly help with the answer to this question; With the aid of decided cases discuss what a public body is for purposes of Judicial Review
kay - 13-Oct-15 @ 11:55 PM
@mark s -I'm afraid there is no updated information since the original legal action began.
CourtroomAdvice - 1-Dec-14 @ 11:54 AM
please could you advise as to the progress of the Judicial review ordered by Mr justice warby, into the case DfID funding the Ethiopian government's villigisation programme (c. July 2014)
mark s - 29-Nov-14 @ 6:36 AM
Summary trial nullity - breach of rules of natural justice - Appeal to Crown Court. Crown Court judge refused to hear representations about it's jurisdiction and de novo rehearing took place which was grossly unfair and again resulted in conviction, and increase in sentence. Judicially reviewed Crown Court decision on nullity/jurisdictional issues. High Court Judge refused application and failed to give reasons for his decision. Furthermore, his judgment was flawed because it said he had considered evidence from both sides when in reality the defendants failed to provide any grounds of defence to the claim.Judge refused to amend judgment despite quoting case law supporting argument that he should amend his written judgment. Seems I can appeal to Civil Div of C of A and they can, instead of giving permission to appeal, give permission for judicial review.As first instance trial was a nullity, do the time limits for applying to the C of Appeal not apply ? give permission for judicial review
george - 20-Oct-14 @ 12:43 PM
Summary trial nullity - breach of rules of natural justice - Appeal to Crown Court. Crown Court judge refused to hear representations about it's jurisdiction and de novo rehearing took place which was grossly unfair and again resulted in conviction, and increase in sentence. Judicially reviewed Crown Court decision on nullity/jurisdictional issues. High Court Judge refused application and failed to give reasons for his decision. Furthermore, his judgment was flawed because it said he had considered evidence from both sides when in reality the defendants failed to provide any grounds of defence to the claim.Judge refused to amend judgment despite quoting case law supporting argument that he should amend his written judgment. Seems I can appeal to Civil Div of C of A and they can, instead of giving permission to appeal, give permission for judicial review.As first instance trial was a nullity, do the time limits for applying to the C of Appeal not apply ? give permission for judicial review
george - 20-Oct-14 @ 12:37 PM
kindly give me a feed back on a question asked by Apostle
gabs - 9-Sep-14 @ 9:43 PM
tell me importance of judicial review and differences judicial review and appeal.
papa v - 6-Sep-14 @ 10:55 AM
Help me with the question. Give the names of 2 Acts of parliament which are fundamental important to modern Administrative law.
Busi - 21-Jul-14 @ 11:17 AM
Distinguish the process of review from appeal. How do the two processes differ from each other
Busi - 21-Jul-14 @ 11:14 AM
There is no comprehensive differences between judicial review and an appeal
A.M - 13-Jun-13 @ 3:58 PM
A lot of this has been copied from justice.gov.uk
OM - 23-Mar-13 @ 8:48 PM
Have two questions, ineed help with them now. 1. Making reference to cases, discuss the principle of judicial review and explain how it is different from appeal. Q 2. Making refereces to cases, discuss what public bodies are for purposesnof judicial review and why only such bodies to judcial review and why only such bodies are amenable to judiciual review.
sid - 30-Aug-12 @ 7:42 AM
Have two questions, ineed help with them now. 1. Making reference to cases, discuss the principle of judicial review and explain how it is different from appeal. Q 2. Making refereces to cases, discuss what public bodies are for purposesnof judicial review and why only such bodies to judcial review and why only such bodies are amenable to judiciual review.
Apostle - 19-Aug-12 @ 10:55 PM
i loved the article please ellaborate more on the principle of right to fair hearing.
mushu - 20-Dec-11 @ 2:12 PM
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