Judicial Review

Our Public Law Team are recognised as leaders in the field of Judicial Review. If you are looking for a team of Judicial Review Solicitors, then we are on hand to assist across the country.

Free Initial Telephone Discussion

For a free initial telephone discussion, please call us on 020 7404 3004 or email info@ikpsolicitors.com and we'll be in touch shortly. We can help clients wherever you are based across England and Wales.

Judicial Review

Judicial review is the process whereby decisions, actions or failures of public bodies (or those with a public function) may be challenged. Unlike an appeal, a judicial review is an investigation and judgment on the way in which a disputed decision has been reached, rather than being a ruling about the outcome. Judicial Review forms an important check and balance against arms of the state in circumstances where there may be a significant imbalance of power and all other avenues have been exhausted. Judicial Review ensures that the state exercises its legal powers in a rational, reasonable and proportionate way. It is a useful tool to correct abuses of power, and to set out the legal position for the benefit of others.

We frequently represent both individuals and organisations that seek to challenge the conduct of various arms of the state including:

  • Police forces

  • Crown Prosecution Service

  • Magistrates and County Courts

  • Coroners

  • Home Office

  • IOPC

  • Prison service and private prison contractors

  • Local authorities

  • Other government departments

 

If you consider that a decision has been incorrectly made by a public body, or by private body carrying out a public function (such as state-instructed private contractors) our specialist public lawyers will be able to advise. Our Public Law Team also has considerable experience challenging state failures to act – such as excessive delay or a refusal to investigate or prosecute.

We have particular expertise in cases where a public body has unlawfully interfered with a person’s human rights, such as freedom from discrimination.

Available remedies in judicial review cases may include:

  • Overturning a decision

  • Obliging a public authority to re-make a decision

  • Granting of an injunction or order compelling a party to perform or refrain from a particular act

  • Granting of a declaration to clarify the legal position of the parties

  • And in some cases damages may be awarded

 

Broadly, there are three main grounds for a judicial review:

  1. Illegality – that the public body has gone beyond its legal powers and acted without legal authority, taken into account irrelevant considerations or undermined the purpose for which that power was given.

  2. Irrationality – that the public body has acted so absurdly as to come to a decision beyond the range of responses open to a reasonable decision-maker.

  3. Procedural Impropriety – where the decision-maker has acted in breach of statutory procedure, or the common law rules of natural justice.

A claim in judicial review may be appropriate in circumstances where a decision-maker has exercised their powers in a way that is incompatible with protected human rights.

Our experts can advise on the relevant grounds in your case and all relevant tactical and costs considerations.

Why Choose Us?

Our team is highly experienced in handling complex and high profile cases, and can advise on sensitive cases where anonymity may be required to prevent some harm or prejudice. The Public Law Team is headed by Imran Khan QC, who himself regularly appears in the Administrative Court.  He is assisted by the experience Daniel Cooper.  We are regularly instructed to represent claimants and interested parties in public law litigation and have acted in many leading cases. With a strong understanding of the broader political context we are particularly well placed to advise charities and pressure groups that may seek involvement in a judicial review case – either as claimant or intervener – so as to achieve broader objectives outside of a mere technical courtroom win.

Owing to our reputation as a leading public law firm we regularly act for clients in London, across the UK and based overseas. We are able to act in judicial review cases on either a Legal Aid or privately funded basis. We are also able to advise on available mechanisms to limit adverse costs where appropriate.

If you think a judicial review claim may be appropriate, then it is important to move quickly since proceedings must be issued promptly and usually within a maximum of three months of the decision or action in question. In some circumstances the maximum time allowed in law may be even less.   As such, it is important to act swiftly where there is cause for investigation into the lawfulness of a public body’s decision.

In addition to advising potential claimants on the question of pursuing a judicial review, our Public Law Team will also be able to advise on alternative methods of accountability such as a claim against the government in private law and formal complaint mechanisms.

If you have been affected by an unlawful decision by a public body, we may be able to assist.

How do I pay for my legal fees?

Please contact us to discuss your circumstances and possible funding options. If you do not have the finances to pay for legal advice, you may be eligible for Legal Aid funding.

How to get in contact

Please do not hesitate to contact Daniel Cooper at DanielC@ikpsolicitors.com or call 020 7404 3004 to talk about your case with our team. 

We can assist wherever you are based and have offices in central London.