A person (or corporate body) who feels that an exercise of power by a government authority (e.g. the local council, statutory tribunal or minister) is unlawful, perhaps because it has violated their rights, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision and have it set aside (quashed).
Judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
Many individuals seeking assistance are desirous to have the court review ‘evidential matters’ and substitute the ‘correct decision’, which accords with their perspective/ argument. This is not the area of judicial review. The court will not substitute what it thinks is the ‘correct’ decision.
This area of law is not concerned with the conclusions of that process, and whether those were ‘right’, rather whether the right procedures have been followed.
If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court, which is an aspect in which our firm specialises.
Our team of Judicial Review solicitors will ensure that you understand and are assisted throughout the process. A Judicial Review will invariably be the last available option open to legal challenge. Judicial Review applications are generally complex, involving the close or narrow interpretation of law, or thorough and complicated legal analysis or judicial reasoning.
Areas of the types of decision, which may fall within the range of judicial review include:
- Decisions of regulatory bodies
- Decisions relating to prisoners’ rights
- Decisions of local authorities in the exercise of their duties, to provide various welfare benefits and special education for children in need of such education
- Decisions of the immigration authorities and Immigration Appellate Authority
Vienna Kang Advocates have a panel of Judicial Review solicitors, who, individually and collectively, have significant knowledge and experience in identifying and recognising cases that are arguable and have merit, and therefore ought to be pursued.
The care and skill from the outset, as deployed by members of our team, ensure the case is best prepared and thereby increasing the likelihood of success. The preparation and conduct of a case requires meticulous care and skill, which should, in our view, only be undertaken by an experienced advocate.