Judicial Review

Purpose:

• To review the legality, reasonableness, and procedural fairness of decisions or actions by public bodies.
• Not to re-examine the facts or merits of the decision but to assess whether the law was correctly applied and followed.

Grounds for Judicial Review:

• Illegality: The decision-maker did not have the legal authority to make the decision.
• Procedural Unfairness: The decision-making process was unfair, biased, or failed to follow the required procedure.
• Irrationality: The decision was so unreasonable that no reasonable authority would ever consider it.

Who Can Apply:

• Individuals or entities directly affected by the decision or action of a public body.
• Must have a “sufficient interest” in the matter to bring a claim.

Time Limits:

Generally, an application for judicial review must be made promptly and within three months of the decision in question

Procedure:

• Pre-Action Protocol: Before applying to court, the claimant must send a letter to the public body outlining the issue and seeking a response.
• Permission Stage: The claimant must obtain permission from the court to proceed with the judicial review. This involves demonstrating that there is an arguable case.
• Full Hearing: If permission is granted, a full hearing is conducted where both parties present their arguments. The court then decides whether the decision was lawful.
  
  Possible Outcomes:
  
  

• Quashing Order: The decision is nullified, and the public body must reconsider it.
• Prohibiting Order: Prevents the public body from taking an unlawful action.
• Mandatory Order: Requires the public body to perform a legal duty.
• Declarations: Statements by the court regarding the legal status or rights of the parties.
• Injunctions: Orders to prevent or require specific actions by the public body.
• Damages: Compensation may be awarded in some cases, but this is not the primary purpose of judicial review.