Judicial Reviews

Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function. If you are challenging the decision of a court, the jurisdiction of judicial review extends only to decisions of inferior courts. It does not extend to decisions of the High Court or Court of Appeal. Judicial review must be used where you are seeking:

1. a mandatory order (i.e. an order requiring the public body to do something and formerly known as an order of mandamus);

2. a prohibiting order (i.e. an order preventing the public body from doing something and formerly known as an order of prohibition); or

3. a quashing order (i.e. an order quashing the public body’s decision and formerly known as an order of certiorari) a declaration;

4. HRA Damages.

The claim form must be filed promptly and in any event not later than three months after the grounds upon which the claim is based first arose. The court has the power to extend the period for the lodging of an application for permission to apply for judicial review but will only do so where it is satisfied there are very good reasons for doing so.

The first stage is to seek permission from the Court to apply for Judicial Review. This is where we submit all representations into the Royal Courts of Justice. The Defendant will do the same. The Royal Courts of Justice will then make a preliminary decision on the case as to any urgent issues that need addressing before assessing whether they will accept the case or not.

The Defendant will have an opportunity to put their side of the claim before the Royal Courts of Justice and whether they contest the claim or whether they consent to our claim and therefore avoiding any Court action. If the Defendant contests a claim then the case will be put forward and a decision will be made whether the Royal Courts of Justice will accept the claim or not. If they do, then the case will be considered. If they don’t, then we have a chance to argue further as to why the case should be heard. This is called an Oral Hearing.

Pending what happens at this hearing, your case may be thrown out or it may proceed to a full substantial hearing.

Our lawyers are available 24 hours a day, providing immediate legal assistance during proceedings. Please contact the Head of the Immigration Department Richard Harold on 020 7388 8333 or email harroldr@tuckerssolicitors.com