Judicial Review

Judicial reviews are type of court proceeding whereby a judge reviews the lawfulness of a decision or action made by a public body.In simple terms, judicial reviews are a challenge to the way in which a decision has been made, rather than challenging the rights and wrongs of the conclusion reached.

What is a Judicial Review? 

A Judicial Review is the procedure used for challenging decisions made by public authorities in terms of the way in which a case was carried out and not the outcome of the case.

Everyone is equal before the law and judicial review can keep public bodies in check. Judicial reviews happen when a person feels that their case wasn’t dealt with in a lawful manner or following the correct procedures. The appealing is not on the result of the case itself.

 

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The public authorities can include local authorities, regulatory authorities and immigration authorities.

Cases are dealt with in the Administrative Courts (High Court) and must be begun as soon as possible and in any event within three months of the original decision which is to be challenged. The Courts are more and more expecting applications to be brought as soon as possible.

A decision or action can be challenged if:

  • The law hasn’t been applied properly
  • A proper procedure hasn’t been followed
  • The decision is so unreasonable that a reasonable decision maker wouldn’t have made it
  • One or more of your human rights has been breached

If the Court thinks that a public body is acting unlawfully, it can quash their decision and order them to make it again.  In exceptional circumstances, it can also make orders telling a public authority to do something, or stop doing something if their actions are causing you loss.

“We have a wealth of experience in dealing with cases of Judicial Review, often involving an element of Human Rights. Often, legal aid is available and the matter can begin immediately.”

Youngs Law have been responsible for bringing a number of landmark cases resulting in very real changes to the benefit of individuals.

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033 33 582 580

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