Advice for businesses and individuals on challenging decisions made by councils, regulators and government departments through judicial review.
Judicial review is the court procedure for challenging whether a public body acted lawfully when it made a decision. We advise businesses and individuals affected by decisions of local authorities, regulators, government departments and other public bodies, for example on licences, registrations, grants, planning and enforcement action. The time limits are strict: a claim must be brought promptly and in any event within three months of the grounds arising, and shorter limits apply to some planning and procurement decisions, so contact us as soon as you receive a decision.
Judicial review examines how a decision was made rather than whether the court would have made the same decision. A claim usually argues that the public body acted outside its legal powers or misunderstood the law, followed an unfair procedure, or reached a decision no reasonable body could have reached. If the claim succeeds, the court can quash the decision so that it has to be made again, order the body to act or not to act, or declare what the law is. Where a right of appeal or another suitable remedy is available, the court will usually expect that route to be used first.
Before a claim is issued, the claimant should normally send the public body a letter before claim under the Pre-Action Protocol for Judicial Review, identifying the decision, the grounds of challenge and the action the body is asked to take. The body is normally expected to reply within 14 days, and a reply can lead to the decision being withdrawn or reconsidered without proceedings. Following the protocol does not extend the time limit for issuing a claim. Once a claim is issued, the court decides whether it can proceed, known as the permission stage, before any full hearing.
To assess a possible claim, we need the decision letter or notice, the date you received it, the documents you sent to the public body, its reasons and any policy or guidance it relied on. We give you our view on whether there are arguable grounds, whether an appeal or complaint should be used instead, and the risk of being ordered to pay the public body's costs if the claim fails. The scope and cost of each stage are confirmed in writing before we begin it.
The work we do most often in this area. If your matter is not listed, ask us.
A review of the decision, the reasons given and the procedure followed, with our view on whether there are arguable grounds for judicial review, whether an appeal or complaint is available instead, and the date by which any claim must be issued.
Letters to the public body under the Pre-Action Protocol for Judicial Review setting out the decision challenged, the grounds, the information requested and the action the body is asked to take, and advice on the body's response.
Preparing and filing the claim form, grounds and evidence, applying for permission, instructing a barrister for hearings where one is needed, and taking the claim through to a final hearing in the Administrative Court.
Challenges to decisions refusing, suspending or revoking licences and registrations, and to enforcement action by regulators and local authorities, including advice on whether a statutory appeal to a magistrates' court or a tribunal is the correct route instead of judicial review.
Challenges to planning decisions and to the award of public contracts, where shorter time limits and, in some cases, separate statutory procedures apply, so the route and the deadline need to be established as soon as the decision is made.
Applications for urgent consideration and interim relief where a decision needs to be suspended while the challenge is decided, for example to stop enforcement action or the closure of a business before the court can hear the claim.
We tell you early whether there is a problem to deal with and what your realistic options are, with the likely cost of each.
An experienced solicitor does the work on your matter and stays your point of contact until it is finished.
We keep the matter moving and update you at each stage: what has happened, what happens next and when.
The claim form must be filed promptly and in any event within three months of the date the grounds for the claim first arose, so a claim filed within three months can still be too late if it was not brought promptly. The parties cannot agree to extend that time. Shorter limits apply to some decisions, including six weeks for planning decisions and 30 days for challenges to many public procurement decisions. Sending a letter before claim does not extend any deadline, so take advice as soon as you receive a decision you may want to challenge.
The court can quash the decision, which usually means the public body must make it again lawfully; order the body to do something or stop doing something; or declare what the law is. It does not normally substitute its own decision, and the body may reach the same result again by a lawful process. The court will generally refuse a remedy if it is highly likely the outcome would not have been substantially different without the conduct complained of, and damages are available only in limited circumstances.
In most cases, yes. The Pre-Action Protocol for Judicial Review expects a claimant to write to the public body before issuing a claim, setting out the decision, the grounds and the action requested, and the body is normally expected to respond within 14 days. The court can take a failure to follow the protocol into account when deciding costs. The protocol does not extend the time limit, and it may not be appropriate where the matter is urgent.
The general rule is that the losing party pays the winning party's legal costs, so a claimant whose claim fails can be ordered to pay some of the public body's costs as well as their own. The amount depends on the stage the claim reaches, and costs are usually lower if the claim ends at the permission stage than after a full hearing. In some environmental cases, the court rules limit the costs a claimant can be ordered to pay. We estimate both sides' likely costs for each stage before you decide to proceed.
Yes. A company, partnership or individual can bring a claim if it has a sufficient interest in the matter, which a business directly affected by a decision will usually have. The decision must have been made by a public body or by a body performing a public function. Examples include decisions on licences, registrations, grants, planning, procurement and regulatory enforcement.
Only if the decision was made by a public body, or a body carrying out a public function, and there is no suitable alternative remedy. Many decisions carry a right of appeal to a tribunal or a court, and some complaints can go to an ombudsman, and those routes usually need to be used first. Judicial review is concerned with whether a decision was lawful, fair and rational rather than whether it was the best decision. We tell you early which route applies to your decision.
Before any work starts, we write to you setting out what we will do, what is not included and what it will cost, as a fixed fee or an estimate. If the work changes, we agree any change in cost with you in writing first.
One of our solicitors, Robert Festenstein or Alon, handles your matter and is your contact throughout. The letter confirming your instructions names the solicitor responsible.
Send us a short summary using the enquiry form, with the names of the other people or businesses involved and any deadline. We check for conflicts of interest and then arrange a call with one of our solicitors.
Tell us what has happened and we'll arrange a call with one of our solicitors.
