Judicial review

​​​​If 'pre-action correspondence' (see our separate page on this here') is unsuccessful and a public body continues to act unlawfully despite pre-action correspondence being issued, then it may be necessary to submit a judicial review claim to the Administrative Court. 

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Judicial review is the way in which a public body (in our experience, often a local authority) can be challenged for their unlawful decision or action.

 

A judge will look at the lawfulness of a decision or action made by the public body. They will not look at the merits of the actual decision made, but whether the decision-making process was lawful and followed the correct procedure. 

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​Challenging a public body can seem a daunting task, but many of our clients are surprised to find that the law is in their favour, and that forcing their local authority to act lawfully is often achieved quickly and easily.

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Judicial review claims are nevertheless complex and due to the risk of costs, it is important to get both the procedure and the arguments 'right.'

 

In the event of a successful judicial review claim, you can recover your costs from the public body; however 100% recovery of costs is unlikely and fees spent on

pre-action correspondence will be excluded.

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You should be minded however that in an unsuccessful claim, you may be ordered costs against you, so it is not a claim to enter into without proper advice.

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If your local authority has veered off course, and pre-action correspondence has not remedied the breach, do not delay. To seek expert advice from experienced solicitors in this field, contact our friendly team on 01284 723952 or 01223 650857.​​​