Judicial Review

Question 1

What is judicial review?

Answer 1

Reviewing the legality of a public body’s decision

Question 2

Who can bring a claim and within what timeframe?

Answer 2

Someone with sufficient standing, within 3 months of the decision (or 6 weeks if a planning decision)

Question 3

What are the requirements for a claim to qualify for judicial review?

Answer 3

It must be a live (not hypothetical) dispute.

JR must be a last resort, and not where there is private law recourse.

Before commencing proceedings, C must have written a letter to D, and D to respond within 14 days

Question 4

How many stages are there in judicial review?

Answer 4

Permission stage, and the full hearing stage

Question 5

What are the grounds for judicial review?

Answer 5

1. Illegality (including ultra vires, failure to comply with a legal duty, unlawful delegation, irrelevancy)
2. Procedural impropriety (including failure to follow mandatory guidelines, failure to fulfil the right to be heard, failure of a duty to give reasons where the decision is odd or where it concerned a very substantial topic, or a failure of duty to consult where such duty arises expressly, by statute, by previous conduct or where it would cause great unfairness otherwise)
3. Failure to adhere to expectations (where there was an express promise or assurance, where the promise was in relation to a very important matter and made only to very few people)
4. Ridiculously unreasonable decisions

Question 6

What remedies are there in judicial reviews?

Answer 6

Quashing Orders

Mandatory/Prohibitory Orders

Injunctions