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.
If you're finding the terminology around judicial review confusing, you can get clarity using our free Legal Jargon Translator.
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
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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)
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
With explanations please
what should i do. should i go for administrative review or judicial review or seek asylum on private life in the uk. as i am living here for 12 years. whats the best option
Can i have case law examples too please.
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
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.
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