Judicial Review | Business & Corporate Judicial Review Law

What exactly is a ‘Judicial Review’?

The answer is quite straightforward. When an illegal, unfair and/or irrational decision has been made by a public body, for example, the Home Office, a Board of Trustees, the Environment Agency etc; a Judicial Review is a legal challenge to the said decision.

This process allows either businesses, other public bodies, groups or even individuals to legally challenge the validity and legitimate nature of decisions made by Local Authorities, Government Departments, Ministers and various other public bodies.

What are the grounds for a Judicial Review?

Varying from case to case, certain specific grounds can differ, however there are three main grounds of Judicial Review that are focal to all cases. These are when the decision maker has acted:

Illegally/Unlawfully – has no powers to make the decision, has acted outside the boundaries of its statutory powers or has misapplied the law

Unfairly/Procedurally Improper – has not followed the set procedures prescribed in law or has acted unfairly

Irrationally/Disproportionately – has acted unreasonably in the circumstances or has not acted proportionately to the legitimate aim of the State.

It is important to emphasise that the latter ground of Proportionality has arisen as a result of the Human Rights Act 1998 whereby it is unlawful for any public body to act in a way that is incompatible with a Convention right, for example, a right to respect for private life and/or family life.

Having brought a significant number of Judicial Reviews from varying backgrounds such as assorted business and corporate arenas, to cases within the health and social care sector and cases involving human rights, at Aston Brooke we aim to bring you successful results to your case. Back in December 2010 Aston Brooke won a momentous judgment against the Secretary of State for the Home Department’s decision to impose interim limits and “caps” on Tier 2 (General) migrants. The High Court subsequently ruled in favoured of the Claimants and announced that these interim limits and “caps” imposed by the Secretary of State for the Home Department were unlawful.

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

Jun

PROTECT YOUR TENANT’S DEPOSIT!

The Tenancy Protection Scheme came into affect on 06 April 2007. This scheme introduced the requirement for landlords to protect deposit received from tenants in relation to an Assured Shorthold Tenancy (‘AST’). Initially it only applied to ASTs created on or after 15 October 2015. But from 1 October 2018, the Deregulation Act 2015 made […]

Jan

Brexit ‘Round The Houses’, and buy-to-let…or not.

Developers and agents alike are reporting of slowing sales in London and the south-east due to Brexit uncertainties. Crest Nicholson, a British house building company, has resorted to dropping its prices in the most expensive areas of London, where the effects of affordability is felt most. That being said, as dreary as the market may […]

Nov

Ground Rent: The Implications of Unfair Ground Rent Provisions

The number of new build leasehold purchases has grown tremendously over the past decade especially with the introduction of Government equity schemes to help first time buyers step on to the property ladder. Controversially, while individuals are being encouraged to become homeowners, it seems that many new build leases contain excessive ground rent clauses, many […]

Sep

Honey, I Found Japanese Knotweed

We know what you are all thinking, ‘Japanese Knotweed’ what is it and how do I identify it? Japanese Knotweed is a tall plant which has accelerated growth speed. It can grow approximately 3 metres in height throughout early Spring until Autumn and will eventually begin to die in the Winter and will then regrow […]

TESTIMONIALS

Professional Experts…
I first used Aston Brooke Solicitors over 3 years ago. Ever since then I have given them all my legal work, I find their staff to be very helpful and easy to talk to. I have brought over 7 residential properties and 2 commercial properties - each transaction has been dealt with professionally and I have always been kept informed.

Mr A Bajwa

Great Knowledge and Efficient
I was put in touch with solicitors at Aston Brooke through a mutual friend to handle a personal Health Care case. I can not speak highly enough for the service I received. My family and I are forever grateful for the all the help on our case. Thank You.

Mr M Grice

Easy to talk to
Ray Purewal at Aston Brooke was my point of contact and I found him to be a great source of knowledge for my case. He handled everything swiftly and dealt with the opposition in the best way possible. Many Thanks Ray!

Miss L Walker