Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. CPR 54.1 states that:
'a "claim for judicial review" means a claim to review the lawfulness of–•an enactment or•a decision, action or failure to act in relation to the exercise of a public function.’
'a "claim for judicial review" means a claim to review the lawfulness of–
an enactment or
a decision, action or failure to act in relation to the exercise of a public function.’
Judicial review proceedings in England and Wales normally take place in the Administrative Court, which is part of the King’s Bench Division of the High Court. The Upper Tribunal also has a limited judicial review jurisdiction.
This subtopic focuses primarily on proceedings in the Administrative Court, providing a range of practical guidance materials on the relevant principles and procedures. It also contains guidance on the core principles, procedural steps and distinctive features of judicial review in the Upper Tribunal, as well as in Scotland.
Judicial review remedies are discretionary. The Administrative Court can make the following orders:
a quashing order (the effect of which the court has power to delay, and the retrospective effect of which the court has power to...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 15th report of session 2026–27. At its meeting on 27 October...
This week's edition of Public Law weekly highlights includes a hand-picked summary of news analysis, legal updates and case law from the world of...
The Joint Committee on Statutory Instruments (JCSI) has published its 13th report of session 2026–27. At its meeting, the JCSI scrutinised one...
The House of Commons Business, Innovation, Science and Trade Committee has launched a long-term inquiry into artificial intelligence (AI) adoption,...
An introductory guide to damages in judicial reviewThere is no general right to damages caused by unlawful administrative acts. However the court does have a discretion in certain circumstances to award damages in successful claims, which it will only exercise where it is just and appropriate to do
Grounds of judicial review—unreasonablenessThis Practice Note outlines the ground of judicial review usually known as unreasonableness or irrationality.Unreasonableness as a Ground of Judicial Review‘Irrationality’ is the second of the three grounds for judicial review identified by Lord Diplock in
Grounds of judicial review—illegalityOverview of the illegality groundIllegality is the first of the grounds on judicial review set out by Lord Diplock in his classic exposition in Council of Civil Service Unions v Minister for the Civil Service:‘one can conveniently classify under three heads the
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
0330 161 1234