Judicial Review is the procedure used for challenging decisions made by public authorities. Everyone is equal before the law and judicial review can keep public bodies in check.
The public authorities can include local authorities, regulatory authorities and immigration authorities.
Cases are dealt with in the Administrative Courts (High Court) and must be begun as soon as possible and in any event within three months of the original decision which is to be challenged. The Courts are more and more expecting applications to be brought as soon as possible.
A decision or action can be challenged if:
- The law hasn’t been applied properly
- A proper procedure hasn’t been followed
- The decision is so unreasonable that a reasonable decision maker wouldn’t have made it
- One or more of your human rights has been breached
If the Court thinks that a public body is acting unlawfully, it can quash their decision and order them to make it again. In exceptional circumstances, it can also make orders telling a public authority to do something, or stop doing something if their actions are causing you loss.
“We have a wealth of experience in dealing with cases of Judicial Review, often involving an element of Human Rights. Often, legal aid is available and the matter can begin immediately.”
Swain & Co. have been responsible for bringing a number of landmark cases resulting in very real changes to the benefit of individuals.