Judicial review—environmental matters
Produced in partnership with Alistair Mills of Landmark Chambers
Judicial review—environmental matters

The following Environment guidance note Produced in partnership with Alistair Mills of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Judicial review—environmental matters
  • Brexit impact
  • The different routes of challenge
  • Common grounds of challenge
  • Common issues in environmental judicial reviews

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 implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

The different routes of challenge

There are two main different routes by which a claimant may challenge an environmental decision in the High Court: judicial review, and statutory challenges.

Whether a judicial review claim or a statutory challenge is the appropriate route will depend upon the type of decision which has been made.

If a specific statutory challenge is set out in legislation, then this will exclude recourse to judicial review. There are many similarities between the two types of challenge, both in procedure and substance.

The procedure for planning judicial reviews is set out in more detail at PN: Planning judicial review. The main characteristics of the system are that:

  1. it is front-loaded for claimants in terms of evidence and identification of grounds of challenge

  2. there is a ‘permission’ stage which claims have to pass before they proceed to a full hearing

  3. there is no general duty of disclosure but rather a