Helping you challenge the decisions, policies or actions of a public body in court

  • You may be able to apply for a Judicial Review, if you believe that a decision made by a public body was unlawful.
  • If your application is accepted then you are able to challenge the decisions, policies or actions made by a public body as part of a Judicial Review in a court of law.
  • However, you cannot apply for a review of this kind in order to challenge a decision made by a public body that you simply do not agree with on a personal level. This is because it is not an appeals process, the decision you are challenging must have been unlawful.
  • At Moore Barlow we can provide you with the professional and legal advice you may need as part of the strict time limits and procedural requirements of the Judicial Review, helping to provide you with the support and guidance you need.

It is the role of a public body to act lawfully, fairly and reasonably, if it does not fulfil all of these requirements and abuses its powers or acts unreasonably then the Court can be invited to intervene. You may be able to challenge a decision made by a public body If you believe it has abused its powers or acted unreasonably, as long as it covers any of the following grounds:

  • Irrationality / unreasonableness
  • Illegality
  • Procedural unfairness
  • Breach of human rights

If you apply for a Judicial Review and the court accepts it, they will only consider the validity of the public body’s decision and decision-making process and not the actual result.

Court proceedings for a Judicial review can offer a number of solutions, including payment of damages, a public body being required to stop doing something, or it could result in a public body being required to take certain steps to make decision-making process more ethical and fairer. Lastly, a Judicial Review can also make a declaration setting out the legal position or rights of the parties involved.

If you are seeking to challenge the lawfulness of a decision it is essential that you seek expert advice from our team at Moore Barlow as soon as possible, as a Judicial Review has strict time limits and procedural requirements that demand real expertise that we can offer you.

Supporting you in intervening with public bodies

It is hard to know how to deal with a situation where you believe a public body is acting unlawfully, unfairly, or unreasonably, as it can be extremely stressful and overwhelming. Because of the strict requirements that a Judicial Review enforces, you may need the help of an expert legal team to best support you through what may be a difficult time, providing you with the guidance you need.

We have offices in Southampton, Richmond, London, Guildford, Lymington and Woking, and we operate nationally. Contact us for more information on how we can help you.

Factsheet

View our “Judicial Review” factsheet.