Judicial Review Solicitors

Judicial review is the most powerful tool available to challenge an unlawful decision by a public body. A solicitor who understands public law will identify whether the decision can be challenged — and pursue the claim in the High Court if it can.

Judicial review is the supervisory jurisdiction of the High Court (Administrative Court) — the process by which the court reviews the lawfulness of decisions made by public bodies exercising public functions. The grounds for judicial review are illegality (the body exceeded its powers), irrationality (the decision was perverse), procedural unfairness (the claimant was not given a fair opportunity to be heard), and incompatibility with the Human Rights Act 1998. A successful judicial review typically results in the unlawful decision being quashed and the public body being required to remake it lawfully. A solicitor will advise on the merits of the claim, send the pre-action protocol letter, and manage the claim from permission application through to final hearing.

Pre-action protocol & permission Illegality, irrationality & unfairness Human Rights Act challenges Free initial consultation

Judicial Review — Grounds, Process & Remedies

Judicial review — the legal grounds for challenge, the court process, and the remedies available on success.

Judicial review challenges are highly technical — both in establishing the legal ground of challenge and in navigating the court process. A solicitor will identify the strongest ground, manage the court process, and present the case compellingly at the permission stage and full hearing.

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Illegality — the public body acted outside its legal powers

A decision is illegal where the public body exceeded the powers conferred on it by statute or acted for an improper purpose, failed to take into account a relevant consideration, took into account an irrelevant consideration, or acted under a misunderstanding of the law. For example: a local authority that refused planning permission citing a reason not permitted under planning law; a licensing authority that refused a licence citing grounds beyond those the legislation permits; or an immigration authority that applied the wrong legal test to an asylum application. A solicitor will identify the specific statutory or common law power the public body was exercising, assess whether the decision was within those powers, and challenge it where it was not.

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Irrationality (Wednesbury unreasonableness) — the decision was perverse

A decision is irrational where it is so unreasonable that no reasonable public body properly directing itself on the law and the facts could have reached it — the Wednesbury unreasonableness test. This is a high bar — the court does not substitute its own view for the public body's; it asks whether the decision falls outside the range of reasonable decisions open to a body in the public body's position. Where the decision is so extreme, so disproportionate, or so clearly contrary to the available evidence that no reasonable body could have reached it, the irrationality ground is established. A solicitor will assess whether the decision meets the irrationality threshold and, where it does, present the argument to the court with supporting evidence.

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Procedural unfairness — the claimant was not given a fair hearing

Procedural unfairness (or a breach of natural justice) arises where the public body failed to give the claimant a fair opportunity to make representations before the decision was made, failed to give adequate reasons for the decision, was biased against the claimant, or failed to follow its own procedures. The right to a fair hearing is a fundamental principle of administrative law — every person affected by a decision has the right to know the case against them and to have a genuine opportunity to respond. Where a public body made a decision without consultation, without a hearing, or without giving reasons, those failures constitute procedural unfairness regardless of whether the substantive decision was correct. A solicitor will identify the specific procedural failure and challenge the decision on those grounds.

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Human Rights Act 1998 — incompatibility with Convention rights

The Human Rights Act 1998 makes it unlawful for a public body to act in a way that is incompatible with a Convention right. The most commonly engaged rights in judicial review claims are: Article 3 (prohibition of inhuman or degrading treatment — in detention, healthcare, and housing cases); Article 5 (right to liberty — in detention and deprivation of liberty cases); Article 6 (right to a fair trial — in decisions affecting civil rights and criminal charges); Article 8 (right to respect for private and family life — in family, housing, and immigration cases); and Article 14 (prohibition of discrimination in the enjoyment of Convention rights). A solicitor will identify the applicable Convention right, assess whether the public body's decision is incompatible with it, and pursue the Human Rights Act claim — which can result in an award of damages in addition to the quashing order.

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Pre-action protocol — the required steps before issuing proceedings

Before issuing a judicial review claim, the claimant must (except in urgent cases) comply with the Judicial Review Pre-Action Protocol — sending a letter to the defendant public body setting out the claim, the grounds of challenge, and the remedy sought, and giving the public body 14 days to respond (or longer in complex cases). The pre-action letter is often the most important document in the judicial review process — many claims are resolved at this stage, either by the public body reconsidering its decision or by agreeing to a settlement. A solicitor will draft the pre-action letter, identify the legal grounds with precision, and give the public body a clear opportunity to resolve the matter before the cost of litigation is incurred.

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Permission and the full hearing — managing the litigation

A judicial review claim begins with a permission application — the court must grant permission before the full hearing proceeds. Permission is granted where the claim is arguable and has a realistic prospect of success at the full hearing. Permission applications are usually decided on the papers (without a hearing), but the claimant can request an oral renewal of a refused permission application. Where permission is granted, the case proceeds to a full hearing before a High Court judge — typically 1–3 days. A solicitor will prepare the claim form and grounds, manage the permission application, prepare the witness evidence and skeleton arguments for the full hearing, and represent the claimant in the High Court — either directly or by instructing counsel.

How It Works

Judicial review is a specialist legal process — the grounds must be precisely identified, the time limits observed, and the pre-action protocol followed before the claim can be issued. A solicitor manages every stage from first advice to final hearing.

A solicitor will advise on the lawfulness of the public body's decision, send the pre-action protocol letter, manage the permission application, and present the full case at the Administrative Court hearing — giving the claimant the best prospect of a successful outcome.

Submit Your Request
1

Describe the public body decision

Tell us about the decision you want to challenge — the public body, the decision, the legal power it was exercising, and why you believe it was unlawful.

2

Solicitor assesses the grounds and advises on prospects

A judicial review specialist assesses the lawfulness of the decision, identifies the legal grounds for challenge, and advises on the prospects of success at the permission stage and full hearing.

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Free initial consultation

You receive clear advice on the judicial review claim and whether it meets the legal threshold for a successful challenge — at no cost and no obligation.

Free Initial Consultation

An unlawful decision by a public body is not one the citizen must simply accept. Judicial review gives the court power to quash that decision and require the public body to make it again — lawfully.

Get specialist judicial review advice — and find out whether the public body decision you are facing can be successfully challenged in the Administrative Court.

Challenge This Decision

Common Questions

Judicial review — what people ask us.

Is judicial review the right remedy for my situation?

Judicial review is available where: the decision was made by a public body (or private body exercising public functions); the grounds of challenge fall within the recognised categories (illegality, irrationality, procedural unfairness, or Human Rights Act incompatibility); no other adequate remedy is available (there is no statutory right of appeal or the appeal has been exhausted); and the claim is brought promptly and within the time limit. Where a statutory right of appeal is available (for example, a planning appeal to the Planning Inspectorate, or a SEND Tribunal appeal), judicial review is generally not available until that route has been exhausted. A solicitor will advise on whether judicial review is the appropriate remedy for the specific situation and whether other remedies should be pursued first.

What happens at the permission stage?

The permission stage is the court's "gateway" — the claimant must satisfy the court that the claim is arguable and has a real prospect of success before the full hearing is permitted to proceed. Permission applications are usually decided on the papers — the court reads the claim form and grounds and decides without a hearing. Where permission is refused, the claimant can seek an oral renewal — a short hearing before a judge to argue for permission. Where permission is refused at the oral renewal, the claimant can apply to the Court of Appeal for permission. A solicitor will prepare the permission application papers as compellingly as possible — identifying the most arguable grounds and presenting the factual and legal basis for the claim clearly and concisely.

How long does a judicial review take?

The timeline depends on the urgency of the case and the Administrative Court's listing schedule. In urgent cases (for example, an imminent removal from the UK, a decision to withdraw medical treatment, or an unlawful detention), an urgent application can be heard within 24–48 hours. Non-urgent permission applications are decided on the papers within 4–8 weeks. Where an oral renewal is needed, it is usually listed within 4–8 weeks of the paper refusal. The full hearing, if permission is granted, is typically listed 6–12 months after the permission grant, depending on the complexity of the case. A solicitor will manage the timetable throughout and apply for expedited listing where the circumstances require it.

What does it cost to bring a judicial review claim?

Judicial review is litigation — it involves court fees, solicitors' fees, and (for the full hearing) counsel's fees. The permission application court fee is currently £154. The full hearing fee is £770. Where the claim succeeds, the claimant is entitled to a costs order — the defendant public body pays the claimant's reasonable legal costs. Where the claim fails, the claimant may be ordered to pay the defendant's costs. Cost capping orders (PCOs) are available in some judicial review cases — particularly where the claim is in the public interest — which limit the claimant's costs exposure if the claim fails. Legal Aid may be available — a solicitor will advise on funding options at the outset.

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