Judicial Review

What is Judicial Review?

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 government department or a local authority or other body exercising a public law action. If you are challenging the decision of a court, the jurisdiction of Judicial Review extends only to decision of inferior courts.

Where should the applicant make his/ her claim?

Claim for Judicial Review are dealt with in the Administrative Court.

What is the deadline to commence Judicial Review Proceedings?

The claim must be lodged promptly and in any event not later than three months after the grounds upon which the claim is based first arose.

What if the applicant has passed the dead line?

The Applicant must request for permission to extend the period of lodging an application for Judicial Review if it has passed the three months period.

Pre Action Protocol

Before making a claim for Judicial Review, a Pre Action Letter or Pre-Action Protocol should be send to the Defendant and to allow 14 days period for the Defendant to respond. The purpose of the letter is to identify the issues in dispute and establish whether parties can settle matter amicably thus avoiding lengthy and expensive litigation process.

Is there a fee payable to courts?

A fee of £50.00 is payable when the claimant lodges the application for permission to apply of Judicial Review. A further £180.00 is payable if the claimant wishes to pursue the claim if permission is granted.

Certificate of Service

The claimant must lodge a Certificate of Service within seven days of serving the defendant and other interested parties.

Acknowledgement of Service

The Defendant should file an acknowledgement of service in the Administrative Court within 21 days of the proceedings being served upon him if they wish to take part in the Judicial Review.

The judge considers the claim for permission to apply for Judicial Review

Applications for permission to proceed with the claim for Judicial Review are considered by a single judge on papers. The judge will provide the decision and the reasons for it in writing. He would either grant or refuse to grant permission.

If the permission in not granted on papers then the claimant has to go for oral hearing seeking for permission before the judge. The claimant can send his legal reprentsentative on his behalf or he may appear in person.

The matter thereafter gets listed for a full hearing.

Cost

Normally the losing party will have to bear the cost of the winning party.

Damages              

The Claimant is entitled to claim for damages from The Defendant in a Judicial Review Proceedings and the Administrative Court has the jurisdiction to hear such a claim and award the appropriate damages to The Claimant or refuse.