Whether you’re planning to file a judicial review claim or defending a public body against one, having skilled judicial review solicitors in the UK by your side can make all the difference.
Reach out to our expert team today at 02033939272. With just one call or click, the support you need is within easy reach!
A judicial review is a legal process that allows citizens to question the legality of a decision or action taken by a public body, such as a minister, a municipal authority, or anyone else performing a public duty.
You have the right to appeal the Home Office’s administrative decisions on your immigration, human rights, or asylum application via the judicial review system.
Judicial review may be used to contest judgments rendered by both the Home Office and the First-Tier Tribunal.
You need to think about your alternative choices before claiming judicial review. There is a difference between judicial review and administrative review or appeal. A judicial review cannot tell you if your case is right or wrong; it can only tell you if the method used to make the decision was legal.
Appeals and reviews of decisions made by the Home Office can be hard, so it’s best to get help and information from an immigration lawyer or expert.
In order to be eligible to file a claim for judicial review, the claimant must possess a “sufficient interest” in the case. A sufficient interest exists when the case has an impact on you, either directly or indirectly.
Claims for judicial review may be made by anybody, including:
It makes no difference how many people have been hurt by the judgment or how many may gain from its reversal. Even if no one else is impacted, you still have the right to file a claim. You or your organisation may file a claim on another person’s behalf if you or they have not been personally impacted.
Decisions involving minors or persons unable to assert their own rights should be given special consideration. A company bringing a judicial review claim must be able to show that it has an invested interest in the outcome of the case. You need to prove that the judgment has impacted someone in order to contest it, not just that it is unconstitutional.
Judicial review should be pursued only in extreme cases. Claimants may have their claims rejected if they have not attempted other options, including mediation, complaints processes, or appeals.
If the issue isn’t resolved maybe the response wasn’t good enough, or there wasn’t a response at all, it’s time to take it up a notch. The claimant submits an application claim form to the administrative court, laying out why they want a judicial review. If things are urgent and the public body might make a move that could harm the case, the claimant can also request an urgent order from the court.
Now, if the court denies the application, don’t worry—there’s still a chance to ask for reconsideration, but you have to act fast (within seven days!). If the application is accepted, the case moves to a full hearing. This can take a few months, so patience is key.
When the hearing day arrives, the judge will have already read both sides’ arguments. This prep work means some hearings are over in just a few hours, but more complicated cases might stretch over several days. The hearing can happen at a regional court or the Royal Courts of Justice in London, and the good news is that you don’t have to attend in person if you don’t want to.
Once the hearing is done, the judge might announce the decision right then and there. But more often, the judgment is written up and shared later. This is also when the court decides who’s paying the costs and whether anyone can appeal.
If either side isn’t happy with the judgment, they can try to appeal. That said, most of the time, the court refuses permission to appeal at this stage.
And that’s the process in a nutshell! It might sound a bit overwhelming, but having a good solicitor by your side can make all the difference.
Once the oral hearing is complete, the judge will adjourn the case to review the matter carefully. They’ll then issue a written judgment explaining whether the defendant acted lawfully or not, along with recommendations on what should happen next.
When you submit your judicial review claim, you’ll need to specify the remedy you’re seeking. Here are the main options:
This requires a public body to carry out a legal duty they’ve neglected.
This prevents a public body from making a decision that would violate the law.
This cancels a decision that has already been made, essentially undoing it.
A temporary order to either stop a public body from acting unlawfully or compel them to act while waiting for a final decision.
If your immigration judicial review is successful, the most common outcomes are a quashing order or an injunction. For example, if the judge issues a quashing order, the Home Office will have to go back and remake their decision.
With these remedies, you’ll be one step closer to achieving the resolution you’re seeking.
The Claimant
The claimant is the person or party applying for the judicial review. To bring a claim, you need to prove that you have a legitimate reason to challenge the decision—this is called having “standing” before the court. Essentially, you must show that the issue directly affects you or that you have a genuine interest in the case.
The Defendant
The defendant is the public body whose decision you are challenging. This could be a government department, a local authority, or any other organization acting in a public capacity.
Interested Parties
These are organisations or individuals who have an interest in the outcome of the claim. They aren’t directly involved with the case, but they do care about how things turn out.
Interveners
A third party may intervene in a case if they have expertise in the subject matter or any additional relevant details to provide the court. They don’t have a direct interest in how things turn out, but they can help make things clearer.
This group of individuals greatly influences the judicial review process.
Typically, court review claims adhere to stringent procedures and deadlines; however, there are significant exceptions for urgent circumstances. If your matter is deemed urgent, you may seek expedited processing by filing Form N463.
In immigration and asylum matters, a judicial review may be deemed urgent under the following circumstances:
In instances of urgency, it is unnecessary to adhere to the conventional pre-action protocol. Still, it’s wise to let the defendant know that you intend to file an action in court. A judge may decide without going through the usual procedures in an urgent case, and the processing time is reduced accordingly.
In cases when every second counts, our expedited procedure will guarantee that your case receives the care it needs.
It is possible to contest decisions made by the government or any public entity that is involved in criminal investigations or proceedings through judicial reviews. Many different types of organisations are included in this:
Judicial review enables you to guarantee that the public authorities are compliant with the law. However, it doesn’t matter whether the decision which was made pertained to a local or national level.
Public entities’ decisions or acts may be challenged via judicial reviews, but only for limited reasons. To qualify for review, a decision must meet the following criteria:
If you think any of these things about what a public body did, a court review could help you hold them responsible.
Before proceeding with judicial review claims, the court must grant permission. Claims must be filed within the specified time frame. Typically, you have three months from the date of the judgement you are challenging to file your claim.
It only takes six weeks from the date of the decision for planning cases, which is even less time. Furthermore, the court requires claims to be filed “without delay.” Case dismissal may occur even if the delay is within the normal time limit.
In order to satisfy these time limits and guarantee the best possible case, it is necessary to move swiftly. If you would like more information about how our team can help you, contact us now!
When thinking about a court review, it’s important to know how much it might cost and what kinds of funds are available:
Before starting a judicial review, we explore all possible alternatives, such as mediation, Ombudsman appeals, and complaint procedures, to help minimize costs. If you have concerns about costs, feel free to reach out—we’re here to guide you through your options.
We work with individuals, businesses, and government agencies, bringing and defending claims with confidence and expertise. Additionally, we work together with you to pinpoint the most pressing problems and get a thorough understanding of your priorities right here and now. Our strategy enables us to effectively handle your case while providing you with counsel that is straightforward, strategic, and practical, all according to your requirements.
If you’re already trying to keep up with your hectic schedule, we know how difficult it may be to deal with court claims. That’s why we put so much effort into presenting your case professionally and with the appropriate tone so that everything goes smoothly.
Getting the support you need from our expert judicial review solicitors legal aid is simple. Just follow these steps:
Allow us to deal with the legal details while you’re left to attend to what really counts.
The Judicial Review Solicitors at Rees Clayton are widely regarded by many as some of the best groups of criminal defence solicitors covering the North of England specifically specialising in the judicial review practice.
You can reach us via phone, the phone number is noted on the top of the home page of the website. However, if you would prefer, a member of our team contacting you, you can simply complete the form on our website.
Our team is renowned in this country for making good results. They have a lot of legal expertise and experience in Judicial Reviews and technical understanding and practical experience. Our team is committed to ensuring that you gain the knowledge required when dealing with your complicated case.
In the North West, Midlands and London, the public have confidence in our staff members. If you choose Rees Clayton, it is good to know that they have a team of Judicial Review Solicitors who are dedicated and experienced and who will support you throughout the process.
As your attorneys, we are always available to give you legal advice or representation whether it is day or night. Contact Rees Clayton today and get only the best to be delivered when that is most needed.
You can challenge decisions made by public bodies like government departments, local councils, the NHS, police forces, schools, and regulatory authorities, provided the decision is unlawful.
You can challenge decisions made by public bodies like government departments, local councils, the NHS, police forces, schools, and regulatory authorities, provided the decision is unlawful.
You can challenge decisions made by public bodies like government departments, local councils, the NHS, police forces, schools, and regulatory authorities, provided the decision is unlawful.
A decision is unlawful if a public body acts beyond its legal powers misuses its powers, fails to follow fair procedures, or violates laws such as the Human Rights Act or equality legislation.
If refused, you can request a hearing to argue why your claim should proceed. If successful at the hearing, your judicial review application will be granted.
The initial application costs £169. You may have to pay more fees depending on the outcome of your first application and what happens next. After approval, the cost of the final hearing will be £847.
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