Lecture 15- judicial review
What is a judicial review?
A legal process that allows an individual (or group of individuals) to ask the court to review a
decision made by the government.
What is the difference between a judicial review of a decision, and an appeal of a decision?
- C applies for the benefit of Personal Independence Payment and is refused
- An appeal asks if the decision was right or wrong (and a successful appeal will generally
result in the decision being reversed)
- C could appeal to the Social Security and Child Support Tribunal could decide that she should
receive the benefit because the decision was wrong
- A review asks if the decision was made in the right way (and a successful review may not
result in the decision being reversed)
- Ms C and Anor v Secretary of State for Works and Pensions [2015] EWHC 1607 reviewed the
decision arguing that the department had acted unlawfully in delaying the decision
Can every decision be reviewed?
Not every decision is able to be challenged.
Every claim is a two-stage process:
- The permission stage – a process designed to make sure that pointless claims, or those that
could be resolved without court action, are filtered out.
Every judicial review has the potential to take up considerable time (and perhaps costs) of public
bodies.
Only if permission is given will the court consider the claim.
Judicial review should be a last resort.
- Are there other remedies available (appeal/alternative dispute resolution)
- Civil Procedure Rules (Part 54) – sets out ‘pre-action’ protocol.
The permission stage.
- Is it the KIND of decision that can be reviewed?
- Is the claimant the KIND of the claimant that can ask for a review?
- Is the claim being made in good time?
STEP ONE: IS THIS DECISION ONE THAT CAN BE REVIEWED?
Is the decision one that was made by a public body?
- Public body =any government minister, any government department
OR (in rare cases) a private body carrying out a public function
R v Panel on Take-overs and Mergers, ex p Datafin [1987] QB 815
What is a judicial review?
A legal process that allows an individual (or group of individuals) to ask the court to review a
decision made by the government.
What is the difference between a judicial review of a decision, and an appeal of a decision?
- C applies for the benefit of Personal Independence Payment and is refused
- An appeal asks if the decision was right or wrong (and a successful appeal will generally
result in the decision being reversed)
- C could appeal to the Social Security and Child Support Tribunal could decide that she should
receive the benefit because the decision was wrong
- A review asks if the decision was made in the right way (and a successful review may not
result in the decision being reversed)
- Ms C and Anor v Secretary of State for Works and Pensions [2015] EWHC 1607 reviewed the
decision arguing that the department had acted unlawfully in delaying the decision
Can every decision be reviewed?
Not every decision is able to be challenged.
Every claim is a two-stage process:
- The permission stage – a process designed to make sure that pointless claims, or those that
could be resolved without court action, are filtered out.
Every judicial review has the potential to take up considerable time (and perhaps costs) of public
bodies.
Only if permission is given will the court consider the claim.
Judicial review should be a last resort.
- Are there other remedies available (appeal/alternative dispute resolution)
- Civil Procedure Rules (Part 54) – sets out ‘pre-action’ protocol.
The permission stage.
- Is it the KIND of decision that can be reviewed?
- Is the claimant the KIND of the claimant that can ask for a review?
- Is the claim being made in good time?
STEP ONE: IS THIS DECISION ONE THAT CAN BE REVIEWED?
Is the decision one that was made by a public body?
- Public body =any government minister, any government department
OR (in rare cases) a private body carrying out a public function
R v Panel on Take-overs and Mergers, ex p Datafin [1987] QB 815
