The following Public Law practice note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:
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 easier it will be to persuade a court to dismiss the claim at an early stage.
CPR 54.1(2)(a) defines a claim for judicial review as:
'a claim to review the lawfulness of—(i) an enactment; or(ii) a decision, action or failure to act in relation to the exercise of a public function.'
'a claim to review the lawfulness of—
(i) an enactment; or
(ii) a decision, action or failure to act in relation to the exercise of a public function.'
This Practice Note deals with steps that a public body can take to protect itself against a successful judicial review challenge.
It includes non-exhaustive checklists of considerations and good practice to help reduce successful judicial review permission applications.
Consider for instance:
whether the public body has sufficient information to make a decision
whether the public body has taken into account all material considerations
whether the public body has taken into account any irrelevant considerations
whether a review of the application or decision is required
whether further inquiries or investigations need to be made to enable a decision to be taken
whether the reasons provided by the public body orally and in writing are consistent
is it possible to make a decision within the requisite time frame?
have any required extensions been agreed
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