What Is Judicial Review?

Judicial Review is a remedy available in the Administrative Court (part of the High Court). There are now local centres where you may apply – including Manchester, Birmingham and Leeds, as well at the Royal Courts of Justice in London.

It is a remedy designed to keep a check on any public body carrying out a public decision-making function. It might be the Home Office, one of the Upper Tribunals, the Prison Service, a local authority or an Ombudsman, for example. There are many others, whose decisions can be challenged.

The Court has wide-ranging powers. It can quash (undo) a decision. It can grant an injunction, or even award damages. What the Court is looking for, in order for it to grant a remedy, is illegality, irrationality or gross unreasonableness. In effect, the Court is looking for a Claimant wishing to challenge a decision which, in effect, any rational person could not justify. It needs to be wholly unreasonable.

If you have an “interest” in the decision, and are therefore an “intertested party”, then you may be able to bring a claim for Judicial Review.

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