It is possible to apply for and receive a judicial review if you believe that a decision made by a group or person in a position of power, such as a government agency or a local council, was unlawful. The review is undertaken by the Administrative Court for Judicial Review. If the review finds in your favour, then the decision may be set aside and you may also be entitled to damages. Orders may be made by the courts to ensure that the agency or individual performs their duty properly, or stops performing their duties improperly.
If you have a grievance against a decision made by a person or group in power, then there are certain criteria that you must meet and procedures that you must follow in order for a judicial review to take place. You must lodge an application for a judicial review within three months of the decision being made andthe matter must affect you.
Grounds For Review
There are essentially three grounds for review that will be considered when an application is made. You must be able to prove that the decision made was illegal, irrational, or equated to a procedural impropriety. There are many different instances where a decision may be considered to meet these grounds, but many more circumstances which will not give rise to a good claim for judicial review. Quality advice from a barrister at 23 Essex Street will determine whether there is a good case to apply for judicial review or not.
If a judicial review finds in your favour, then remedies may include a quashing order, prohibiting order, mandatory order, declaration, injunction and/or damages. The court may decide that two or more of these remedies are suitable so it may, for example, grant a quashing order and that damages be paid. In reviews arising from criminal proceedings it is most often a quashing order that a defendant seeks, to prevent a sentence or decision of the criminal courts from taking effect.
We at 23 Essex Street are a team of professional and skilled legal experts that can help with appeals and with judicial review proceedings. Contact us today to discuss your case, and we will be able to determine whether you have a good chance of your application being accepted.