Judicial review

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Judicial Review is a Scott-Moncrieff specialism.

We’re proud of our track record in challenging a range of important decisions made by public bodies. In a Judicial Review, a judge will assess the lawfulness of a particular decision or course of action taken by a public body. A Judicial Review is an investigation of the way in which that decision has been reached, rather than being a ruling about the outcome.

Such Reviews can address a wide range of areas, from a local authority’s handling of welfare benefits to decisions made by immigration authorities and from rulings about prisoners’ rights to educational provision for children with special needs.

All this demands a legal team that can think on its feet and pursue cases with energy and creativity. We believe we have the expertise and commitment to do an excellent job – and our clients think so too.


When do cases go to the European Court of Human Rights?

The Court was set up to apply the European Convention on Human Rights and offers an additional recourse for both individuals and organisations.

A case must always be brought in the UK. Only if this fails to lead to a satisfactory remedy is it possible to apply to the European Court.


Legal Aid for Human Rights Cases In ENGLAND, WALES & SCOTLAND

For some types of case (for example those relating to mental health, immigration/asylum and discrimination) it may be possible to apply for Legal Aid. If not, we’ll advise on the best way of funding your case. And because we know that affordability is paramount – whether you’re an individual or an organisation – we’ll make sure you’re keep 100% up-to-date with costs so there are no nasty surprises at the end.
 

Judicial Review in England & Wales: Making Sure Public Bodies are Accountable

The Judicial Review is a Scott-Moncrieff specialism and we’re proud of our track record in challenging a range of important decisions made by public bodies. In a Judicial Review, a judge will assess the lawfulness of a particular legal decision or a course of action taken by a public body. A Judicial Review is an investigation of the way in which that decision has been reached, rather than being a ruling about the outcome.


What sorts of decisions can face a Judicial Review?

Such Reviews can address a wide range of areas, from a local authority’s handling of welfare benefits to decisions made by immigration authorities and from rulings about prisoners’ rights to educational provision for children with special needs.

Judicial Reviews can do good in all sorts of ways. They can make sure public bodies are always accountable for their decision and actions. They can also overturn bad decisions, which in turn can help the law to evolve in line with what’s happening in the real world. 

Seeking a Judicial Review demands a legal team that can think on its feet and pursue cases with energy and creativity. We believe we have the expertise, flair and commitment to do an excellent job – and our clients think so too.


Is There a Time Limit for Seeking a Judicial Review?

It’s vital that you act speedily if you want to seek a Judicial Review. The majority of cases must be brought within three months of the decision you wish to challenge. But certain cases such as those relating to planning and the environment need to be brought within six weeks.

If you believe a government authority – whether a minister, local council or statutory tribunal – has acted unlawfully you must appoint an expert solicitor to apply to the Administrative Court (a division of the High Court) for Judicial Review of the decision.

If the case is successful, the decision will be set aside (‘quashed’). In such cases it may then be possible to take action to obtain damages.

The Court may also make mandatory orders or injunctions to compel the authority to do its duty or to stop it from acting illegally.


How do I Fund my Case?

We’ll advise on the best way of paying for your legal action. Because we know that affordability is vital, we’ll keep you up-to-date on costs at every stage so there are no nasty surprises at the end.


Contact Our Public Law Solicitors in London, Bolton and Nottingham

We serve clients throughout England and Wales, including London, Bolton, Lytham St Anne's, Nottingham, Birmingham, Kent, Leeds and Manchester.

For more information get in touch via our online contact form or call our team now on 02078411099.

We act for clients in England and Wales, including London, Kent, Bolton, Lytham St Anne's, Nottingham, Manchester and Birmingham.
CALL US 02078411099

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