What is Judicial Review ?

In England and Wales, judicial review is a legal process through which the courts review the lawfulness of decisions made by public bodies.

It is a mechanism that allows individuals or organizations to challenge the actions, decisions, or omissions of public authorities to ensure that they have acted within the powers conferred upon them by law.

The purpose of judicial review is to hold public bodies accountable for their actions and decisions, ensuring that they act lawfully, fairly, and within the scope of their authority.

It is an essential aspect of the rule of law and serves as a check on the exercise of power by the government and other public bodies.

Judicial review can be sought in relation to a wide range of decisions, including those made by central government departments, local authorities, regulatory bodies, and other public bodies. It covers various areas such as immigration, planning, education, healthcare, and administrative decisions.

To initiate a judicial review, the claimant must establish that they have sufficient standing to bring the case, meaning they must have a sufficient interest in the matter. They must also demonstrate that there are valid grounds for review, such as illegality, irrationality, procedural impropriety, or a breach of human rights.

If the court finds in favour of the claimant, it can quash the decision in question, declare it unlawful, or provide other appropriate remedies.

Judicial review is typically conducted by the Administrative Court, which is a specialised division of the High Court of Justice in England and Wales.

Appeals from the Administrative Court’s decisions can be made to the Court of Appeal and, in certain circumstances, to the Supreme Court.

Apply for a judicial review of a decision

To ask the court for permission to proceed with a claim for a judicial review and to give details of the claim, the Judicial review claim form (Administrative Court) Form N161 must be completed and submitted to the appropriate Administrative Court.

You must make the claim in the appropriate Administrative Court in:

the Royal Courts of Justice London

Birmingham

Leeds

Manchester

Cardiff

Apply for a judicial review of a decision – gov.uk

The Courts and Tribunal Judiciary publish the Administrative Court Judicial Review Guide 2022 which provides detailed legal guidance on bringing a judicial review case in the Administrative Court.

HM Courts & Tribunals Service published the guidance Administrative Court: bring a case to the court. This shows how to use the Administrative Court, part of the High Court which hears cases about judicial reviews, statutory appeals and extradition.

Civil Procedure Rule (CPR) PART 54 – JUDICIAL REVIEW AND STATUTORY REVIEW contains the appropriate rules about the procedure.

Civil Practice Direction 54A – JUDICIAL REVIEW sets out the procedures to be followed when bringing proceedings before the courts. Please note that the Practice Directions in general supplement the CPR’s.

If the Judicial review is urgent and must be considered within 7 days Form N463 Ask the court to urgently consider a claim for a judicial review must be completed as well as the Judicial review claim form (Administrative Court) Form N161.

Fees in the Civil and Family Courts – full list (EX50A) shows the fees for judicial review are :-