Judicial Review

judicial review

 

A Judicial Review is a legal challenge based on a decision made by a public body which is unlawful, unreasonable or irrational. The judicial review process allows individuals, businesses, and other groups and public bodies to challenge the legitimacy of decisions made by Ministers, Government Departments, local authorities and other public bodies.

What are the grounds for a judicial review?

There are specific grounds of review depending on each individual case, but the main grounds of review are that the decision maker has:

  • Acted outside the scope of its statutory powers
  • Made a decision using an unfair procedure
  • Made an unreasonable decision in the circumstances

It is also important to note that the Human Rights Act 1998 created an additional ground, which makes it unlawful for public bodies to act in a way incompatible with the European Convention of Human Rights.

Aston Brooke has brought a number of Judicial Reviews in several cases which have led to successful results in the social care sector and other business and corporate arenas.

Aston Brooke won a landmark decision against the Home Secretary’s decision to impose interim limits or “caps” on immigration in December 2010. The High Court declared that the interim limits set by the Secretary of State were unlawful.

There are strict time limits for initiating a judicial review action so if you feel that you might have been treated unfairly by a public body, please contact us immediately.

 

For further information or a free consultation, please contact us on 0203 475 4321 or click on the quick contact link above.

RECENT NEWS
23
Jun
English Language Requirements for Non-EEA National Partners & Parents The nature and effect of more stringent language requirements

 Introduction Since 29th November 2010, the UK Government has progressively introduced an English Language requirement within the Immigration Rules, to be met by non-European Economic Area (non-EEA) national partners and parents of persons who are British nationals, settled in the United Kingdom, granted refugee status, granted humanitarian protection, or members of Her Majesty’s Forces under […]
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12
May
‘Right to Work’ Checks by Employers Explanation & Investigation of Checks Required From Employers

Introduction The relevant provisions of the Immigration, Asylum and Nationality Act 2006 set out the civil and criminal penalties for non-compliance of the Right to Work scheme by employers.   Right to Work Scheme In effect all employers who employ any employees over the age of 16 in any part of the United Kingdom (i.e. England, […]
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23
Mar
Upcoming Changes to the UK Immigration Rules. Some detail on the Statement of Changes to the Immigration Rules HC 1078.

The Statement of Changes to the Immigration Rules HC 1078 comes into force on 6th April 2017. Some of the key changes include: (1)           If a Tier 2 application is made for example under the SOC codes 1181, 1184, 2219, 2231 etc. a Criminal Record Certificate for the past 10 […]
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10
Mar
An Insight Into Leave Extended by s.3C Immigration Act 1971 The Intricacies of 3C Leave

This article is based on the Home Office Publication: ‘Leave extended by Section 3C (and Leave extended by Section 3D in transitional cases.’   The Purpose of Section 3C: Section 3C of the Immigration Act 1971 prevents a person(s) from becoming an over-stayer whilst they are waiting for a decision on an application, appeal or […]
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3
Mar
The Right to Rent – Explanation & Analysis. Using Landlords and Letting Agents as Immigration Officers.

Introduction The combination of the relevant provisions of the Immigration Act 2014 and the Immigration Act 2016 have brought the Right to Rent scheme to the private rented sector along with severe penalties for non-compliance. The  Right to Rent scheme applies to landlords (including occupiers subletting and those who take in lodgers) and letting agents […]
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