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Judicial review is the process by which courts examine the actions of the government, administrative bodies, or other public authorities to ensure that they are lawful and constitutional. This guide offers an overview of the judicial review process, including who can apply for it, what types of decisions can be challenged, and what the courts can do.

Who can apply for judicial review? Judicial review can be sought by anyone who has sufficient interest in the matter, and who has been adversely affected by the decision or action being challenged. This includes individuals, companies, and non-governmental organizations. Law Tutor In London

What types of decisions can be challenged? Judicial review can be sought for any decision or action by a public authority that affects a person's rights or interests. This includes decisions made by government departments, local authorities, regulatory bodies, and other public bodies. Some common examples of decisions that can be challenged through judicial review include:

• Decisions made by immigration authorities, such as decisions to refuse a visa or deport someone.
• Decisions made by local authorities, such as planning decisions or decisions about the provision of social services.
• Decisions made by regulatory bodies, such as decisions by the Financial Conduct Authority or the Information Commissioner's Office.
• Decisions made by government ministers, such as decisions to refuse to grant asylum.

What grounds can be used to challenge a decision? To challenge a decision through judicial review, the applicant must show that the decision was unlawful, irrational, or procedurally improper. Unlawfulness means that the decision was made without legal authority or in breach of the law. Irrationality means that the decision was so unreasonable that no reasonable person could have made it. Procedural impropriety means that the decision-making process was unfair or breached the rules of natural justice.

What can the courts do? If the court finds that the decision being challenged was unlawful, irrational, or procedurally improper, it has a range of remedies available to it. These include:

• Quashing the decision: This means that the decision is declared null and void, and the public authority must make a new decision in accordance with the law.
• Declaring the rights of the parties: This means that the court makes a declaration about the legal rights and obligations of the parties involved in the case. This can be useful where the decision has ongoing implications.
• Awarding damages: This means that the court orders the public authority to pay compensation to the applicant for any loss or damage caused by the unlawful decision.
• Granting an injunction: This means that the court orders the public authority to take a certain action or refrain from taking a certain action.

How is judicial review carried out? Judicial review is carried out in the High Court or the Court of Session in Scotland. The process usually involves a hearing in front of a judge, who will consider the evidence and arguments presented by both sides. The court will then make a decision about whether the decision being challenged was lawful or not, and what remedies should be granted.

It's important to note that judicial review is not an appeals process, and the court will not simply substitute its own decision for that of the public authority being challenged. Instead, the court's role is to ensure that the decision-making process was lawful and proper, and to grant remedies where appropriate.

How long do you have to apply for judicial review? There are strict time limits for applying for judicial review, and the applicant must usually do so within three months of the decision being made. In some cases, the court may allow a longer period for applying, but this is rare.

Conclusion Judicial review is an important safeguard against unlawful or irrational decisions by public authorities. It allows individuals, companies, and non-governmental organizations to challenge decisions that affect their rights or interests, and to ensure that public authorities act lawfully and properly.

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