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.