The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
Judicial review is the process by which the lawfulness of the decisions, acts or omissions of public bodies are challenged in the High Court.
Judicial review is not concerned with reviewing the merits of a decision but rather the decision-making process itself. It is a discretionary remedy.
The High Court will only exercise its jurisdiction when it is proper to do so and it may decline to do so where there is an alternative remedy, see below: Availability of an alternative remedy.
If successful, the High Court's remedies include making a quashing order (quashing the decision), a mandatory order (compelling the performance of an action) or a prohibiting order (preventing the performance of an action).
Although it is possible to challenge a decision to prosecute or not to prosecute, judicial review is a weapon of last resort.
As the judgment of the High Court in R (on the application of AL) v SFO, XYZ Ltd, (applying the reasoning of the Court of Appeal in R (on the application of Glencore Energy UK Ltd) v Revenue and Customs Commissioners) makes clear, the factors which the court will take into account in deciding whether to entertain a judicial review include:
the nature of the alternative remedy NB whether it is a statutory remedy and whether it was the
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