Judicial Review is a legal remedy that is frequently mentioned in respect of challenging decisions by public sector bodies. Whilst it certainly has its place in the lawyer’s tool box, it is a process that must be approached with some caution.
As a remedy, Judicial Review is principally aimed at ensuring that bodies exercising public law functions exercise those functions lawfully and fairly and do not abuse their powers. It is possibly less concerned about the actual merits of the decision that was reached and more concerned with the process that was adopted to reach that decision.
In terms of where Judicial Review sits in a lawyer’s tool box, it may be seen as more a tool of last rather than first resort. Generally speaking all other challenge and/or appeal routes against the decision in question need to be exhausted before one can turn to Judicial Review. An application for Judicial Review is also subject to stringent time limits so one has to be careful about ensuring that all necessary steps are complied with as promptly as possible.
In the ordinary course of events the initial application to Court will be for permission to proceed with the Judicial Review, which can and will face detailed scrutiny. Only if the permission stage is successfully passed will the Judicial Review proceed to full hearing.
Whilst the outcome of a Judicial Review may be in an applicant’s favour, it is also possible that the decision making body might subsequently make a similar decision but this time correctly based and justified. It is therefore always important to take a strategic approach to Judicial Review.
We regularly advise parties on challenging the decisions of public law function exercising bodies and Judicial Review.
Contact us if you want to discuss challenging public sector decision making processes and Judicial Review.