Have you ever been on the wrong side of a decision of the State?

Bellamy Forde
Bellamy Forde
Partner & Head of Civil & Commercial Litigation

If the answer is "Yes" then seeking a judicial review is a way to challenge that decision. 

Who makes Decisions of State

A decision of the State includes a decision made by any organisation exercising a public law function and so would include organisations such as the police, prisons, local authorities, hospitals and Coroners.

The purpose of any judicial review is usually to seek to undo the decision of the organisation concerned. 

On What Grounds Can a Judicial Review be Sought?

There are three grounds upon which you can base a judicial review challenge.  To bring a claim for judicial review, you need to establish one of the following:

  1. Illegality - you must show that the organisation concerned acted illegally, ie. they have  committed an error of law, when reaching the decision you wish to challenge.

  2. Irrationality - means that the decision made by the organisation was so perverse that no organisation could reasonably have made that decision in those particular circumstances.

  3. Procedural Impropriety - occurs when the organisation fails to comply with an express procedural requirement within legislation when reaching their decision.  The nature of any such procedural impropriety will depend on the specific facts of each case.

Examples of Judicial Review

We are presently advising clients on a number of cases including:

  • whether the police correctly issued a caution
  • whether the decision of a local authority to issue a caution was reasonable and necessary in the circumstances. 

Such claims can involve the relevant Ombudsman for that particular area.  We also challenge decisions made by:

  • challenging decisions made by the IPCC (Independent Police Complaints Commission) 
  • challenging police decisions made whilst people were dispersing after a formal protest
  • judicial reviews of decisions made by Coroners at inquests. 

Act Quickly to Avoid Time Limits

There are very strict time limits for bringing such a challenge.  The time limit for such claims is: “ as soon as possible or at the very latest within 3 months of the date of the decision being challenged.” 

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" including those who feel that they have fallen foul of a mistake or an error of judgement by a state organisation.

If you wish to challenge a decision made by a public authority or wish to talk to our team of specialist Lawyers about your circumstances do not hesitate, call us today on 020 3551 8500 or  use our Contact Us form to arrange a callback at your convenience.

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