Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just and appropriate to do...
Although it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the decision-making process employed by a public body, the...
The two most common methods available to challenge a planning decision are judicial review and statutory review. See Practice Notes: Scope of judicial review in planning...
ARCHIVED: This Practice Note is archived and for historical purposes only. CPR provisions As part of the Jackson Reforms the courts are required to undertake not only...
General rule on costs The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders...
A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other than the claimant...
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty of candour rather...
ARCHIVED: This Practice Note is archived and is for historical purposes only. The underlying legislation dealing with the changes to the funding arrangements are set out...
ARCHIVED: This Practice Note has been archived and is for historical purposes only. CPR provisions The provisions relating to general rules about costs will continue to...
ARCHIVED: This Practice Note explains the changes to the Civil Procedure Rules (CPR) by the Civil Procedure (Amendment) Rules 2013, SI 2013/262 in respect of...
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further guidance, see Practice...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages in a judicial review...
In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session. The Courts Reform (Scotland) Act 2014 (CR(S)A 2014)...
The 'sufficient interest' test The court must not grant permission to apply for judicial review unless the applicant has a 'sufficient interest' (ie standing) in the...
When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of addressing the issues...
What is Judicial Review? Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. This...
Background to judicial review in Scotland Judicial review represents the means by which the courts control the exercise of governmental power. Judicial review has...
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation...
The Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 54 and PD 54A outline the procedure to be followed when making an application for judicial review. The...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and...
ARCHIVED: this archived Practice Note provides information as at 1 April 2013 on the implementation of the Jackson Reforms. It is not maintained and is for background...
