Q&As

When is a decision amenable to judicial review?

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Produced in partnership with Jamas Hodivala of Matrix Chambers
Published on LexisPSL on 12/10/2018

The following Public Law Q&A produced in partnership with Jamas Hodivala of Matrix Chambers provides comprehensive and up to date legal information covering:

  • When is a decision amenable to judicial review?

Assuming the decision is made by a public authority or other public body susceptible to judicial review, the first issue to consider is whether the decision is amenable to judicial review proceedings. See Practice Note: What is a public authority?

A public authority performs many functions that impact on private rights and the mere fact that, for example, a public authority is one signatory of a contract does not inevitably provide a sufficient public law element to the case. See Practice Note: Judicial review—what it is and when it can be used.

In R (David Ames) v Lord Chancellor, the court considered proposed payments by the legal aid agency (LAA) to defence counsel in a criminal trial, pursuant to the LAA’s interim fixe

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