Avoiding a judicial review
Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers

The following Public Law practice note produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers provides comprehensive and up to date legal information covering:

  • Avoiding a judicial review
  • Decision-making and avoiding a judicial review
  • Take care with decision-making
  • Adhere to statutory, non-statutory and/or contractual time frames
  • Is the decision watertight, thorough and balanced?
  • Take care with the decision letter or notice
  • Pre-action considerations to avoid a judicial review challenge
  • Consider how to avoid the main grounds of judicial review arising
  • Pre-Action Protocol for Judicial Review
  • Pre-permission considerations in judicial review
  • More...

Avoiding a judicial review

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.'

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.

Decision-making and avoiding a judicial review

Take care with decision-making

Consider for instance:

  1. whether the public body has sufficient information to make a decision

  2. whether the public body has taken into account all material considerations

  3. whether the public body has taken into account any irrelevant considerations

  4. whether a review of the application or decision is required

  5. whether further inquiries or investigations need to be made to enable a decision to be taken

  6. whether the reasons provided by the public body orally and in writing are consistent

Adhere to statutory, non-statutory and/or contractual time frames

Consider for instance:

  1. is it possible to make a decision within the requisite time frame?

  2. have any required

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