Judicial Review: Process, Procedure a
Remedies
What is Judicial Review?
Aspect of administrative law which allows for challenging Government/public body decisions.
Courts scrutinise decision-making processes of public bodies and officials.
Ridge v Baldwin (1964) AC 40.
Separation of powers between executive (Government) and courts.
Maintains Parliamentary sovereignty through interpretation & application of statutory provisions
Common Law and Statutory Basis
s31 Senior Courts Act 1981
"High Court ... application for judicial review"
Detailed requirements in Part 54 Civil Procedure Rules 1998
Procedural Requirements
Have alternative remedies been exhausted?
Judicial review is a remedy of last resort.
S (R, on application of) v Hampshire County Council [2009] EWHC 2537 (Admin)
Challenge council decision to stop care for disabled child.
Mother could have found satisfactory remedy elsewhere - Claim failed.
Must try alternative remedies (if they exist) before making judicial review claim.
E.g., mediation; right of appeal before tribunal.
R v Inland Revenue Commissioners ex p. Preston [1985] AC 835
Lord Scarman - "A remedy by way of judicial review is not to be made available where
Inland Revenue had internal appeals procedure.
Has application been made to High Court?
s31(1) SCA 1981
Remedies
What is Judicial Review?
Aspect of administrative law which allows for challenging Government/public body decisions.
Courts scrutinise decision-making processes of public bodies and officials.
Ridge v Baldwin (1964) AC 40.
Separation of powers between executive (Government) and courts.
Maintains Parliamentary sovereignty through interpretation & application of statutory provisions
Common Law and Statutory Basis
s31 Senior Courts Act 1981
"High Court ... application for judicial review"
Detailed requirements in Part 54 Civil Procedure Rules 1998
Procedural Requirements
Have alternative remedies been exhausted?
Judicial review is a remedy of last resort.
S (R, on application of) v Hampshire County Council [2009] EWHC 2537 (Admin)
Challenge council decision to stop care for disabled child.
Mother could have found satisfactory remedy elsewhere - Claim failed.
Must try alternative remedies (if they exist) before making judicial review claim.
E.g., mediation; right of appeal before tribunal.
R v Inland Revenue Commissioners ex p. Preston [1985] AC 835
Lord Scarman - "A remedy by way of judicial review is not to be made available where
Inland Revenue had internal appeals procedure.
Has application been made to High Court?
s31(1) SCA 1981
