The following Public Law Q&A provides comprehensive and up to date legal information covering:
Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. It is a public law remedy, aimed only at controlling the use of powers of a public nature.
CPR 54.1(2) states that:
‘(a) a “claim for judicial review” means 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) a “claim for judicial review” means 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.’
Some of the key preliminary considerations when deciding whether to bring proceedings for judicial review include:
judicial review only lies against public bodies when carrying out public functions
a claim for judicial review may only be brought by a claimant with a sufficient interest in the matter
it can only be brought on certain grounds
For backround reading, see: Judicial review—overview.
For more information, see Practice Note: Judicial review—what it is and when it can be used and Judicial review—key preliminary considerations—checklist. See also: The Administrative Court Judicial Review Guide.
Judicial review may only be brought against a publi
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