Application for judicial review

To bring an application for judicial review, you must first be able to demonstrate a sufficient connection to the decision, action or inaction that is in question. Normally, this means that you can challenge a decision that personally affects you.

In order to obtain a judicial review hearing, the party must first apply for permission first using the Judicial Review Claim Form. Some judicial reviews, however, are heard in the Administrative Court, including challenges to decisions made by the Upper Tribunal. In these circumstances, the applicant will require a different form and will need to apply for permission to the High Court.

A judge will look at the application alongside other documents provided in the permission application and use them to decide whether to grant permission to proceed with the judicial review.

If the application for permission is refused on the papers, the applicant may be able to renew the decision. This means that they are asking the court to reconsider the decision made in an oral hearing. However, if permission is refused on the papers and is deemed ‘totally without merit’, the applicant does not have the right to apply to renew the decision.

If the application for permission is granted, a substantive hearing will take place in which a judge will consider the claim in detail. The evidence provided will be used to determine whether the decision in the case was irrational, illegal or unfair.

Remedies following a judicial review

In the event that a judicial review claim is successful, the judge may order a number of remedies in the form of orders. Some of the most common types of orders include the following:

• Quashing order – This undoes or overturns an action or decision that is under review, rendering it legally void.

• Prohibiting order – A prohibiting order prohibits a public body from taking an action or making a decision that has not yet taken place.

• Mandatory order – This order compels a public body to do something, such as remaking a decision with a specified period of time.

• Declaration – This is a statement of what the law is, where disputed.

• Damages – This orders a public body to pay damages; however, this is only available where some other forms of legal remedy are being sought.

Time limits for judicial review

The time limit for most judicial review court proceedings is no later than three months after the grounds for making the application first arose. We would recommend that an application for judicial review is made immediately after the decision or action was made.

Judicial review for commercial cases

In recent years, judicial review has been used more frequently by commercial parties to challenge different public law decisions and the decisions of regulatory authorities including industry trade associations, the Prudential Regulatory Authority, HM Revenue and Customs and the Financial Conduct Authority.

For commercial bodies, decisions relating to the procurement of commercial contracts by a public body can be challenged by way of judicial review. However, this can only be done where there has been a suggestion of corruption, fraud, irrationality, or a failure to follow a statutory process.

How can Annecto Legal assist with applications for judicial review?

Annecto Legal help clients realise the value of their claims and will put them in contact with professional advisors for their case. Annecto Legal was established to help clients pursue claims and remove any perceived cost barrier to litigation.

The application and judicial review process can be a long and complicated. Therefore, we recommend that you contact our team as soon as possible so that you can get the guidance that you require. Although Annecto Legal do not deal with judicial review applications, we can pass your enquiry onto a firm of solicitors who can assist.

Annecto Legal are authorised and regulated by the Financial Conduct Authority FRN: 707558 as an Appointed Representative of 2direct Limited. We are not a firm of solicitors nor a claims management company. We do not receive payments for passing enquiries onto firms of solicitors. The firms we may pass you onto are independent firms and not linked with Annecto Legal in any way. If you proceed to make a claim, we can assist by providing funding or legal expenses insurance for your case.

Get in touch with an expert member of our team to find out more about judicial review and which litigation finance cover is the right litigation funding choice for you.

Call us today 0800 612 6587, or our Director, Mark Beaumont, can be contacted by email mark.beaumont@annectolegal.co.uk