Judicial review—interested parties and interveners
Produced in partnership with Julia Marlow of Hogan Lovells
Judicial review—interested parties and interveners

The following Public Law guidance note Produced in partnership with Julia Marlow of Hogan Lovells provides comprehensive and up to date legal information covering:

  • Judicial review—interested parties and interveners
  • Interested parties
  • Interveners
  • Process for interested parties
  • Process for interveners
  • Considerations for claimant and defendant
  • Variations in the process for particular types of case
  • Vires intervention
  • Costs
  • Key considerations—checklist
  • more

Interested parties

In the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly affected by the claim'.

A person will be 'directly affected' if they are affected by the grant of a remedy in the proceedings. Public interest groups may be treated as interested parties, even though it may not be immediately obvious that they are directly affected. For example, in Muldoon a local housing authority's decision not to pay a housing benefit was challenged. The Secretary of State was indirectly affected in that he would have been liable to pay the majority of the benefit had the decision been quashed, but he was not directly affected by the grant of a remedy.

Interested parties:

  1. are parties to proceedings and can participate fully in judicial review proceedings

  2. should be copied on any pre-action correspondence

  3. are entitled to copies of all papers lodged at court

  4. may, subject to any conditions imposed by the court under its case management powers, participate in proceedings by making submissions and filing evidence

  5. are able to appeal a judgment or order, even where the claimant and defendant do not wish to do so

Although interested parties are parties to proceedings, their participation may be limited. Interested parties are:

  1. only permitted to make submissions in respect of the main