Government increasingly regulates many areas of life, with public bodies, such as councils, tribunals and government departments, taking decisions that affect everyone. This is increasingly the case for businesses.
When the decisions of public bodies affect public law rights and are unreasonable because, for example, they are unlawful or irrational, it may be possible to challenge a decision by way of an application for judicial review.
About the Judicial Review process
Judicial review is a highly specialist area of law and its impact is extremely wide ranging. It is worth noting that judicial review is not a way of evaluating the decision itself, but of reviewing the process by which the decision was taken. In successful cases, the decision is often “quashed” (i.e., nullified) and sent back to the body that made it to be reconsidered and decided again.
Bringing a claim
Before bringing a claim for judicial review, you should consider whether there are alternative ways of resolving your dispute. All routes of appeal will generally need to be exhausted before you will be able to bring an application for judicial review. However, once you have exhausted any internal appeals processes, the deadlines for issuing an application for judicial review are extremely short.
You must be ready to take action immediately, so it is a good idea to line things up in advance.
If you are considering whether an application for judicial review would help protect your rights as a business, call us early. Time is of the essence.