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.

Dec

Nearly half UK care home workers leave within a year, finds report Troubling staffing issues uncovered in the UK care home sector.

Nearly half of care workers leave the job within a year, a report has found, prompting calls for the Government to urgently address serious threats to social care provision. A damning study by the Communities and Local Government (CLG) Committee found that half of care workers (48 per cent) leave within a year of starting, […]

Oct

Meeting the Financial Requirements for a Partner/Spouse Visa How to Combine Income and Pensions to Meet the Financial Requirement

This article briefly looks at the combination of gross income from salaried employment (Category A) and Private/State pensions (Category E). The financial requirement needs to be met by those making an application in visa categories of Appendix FM of the Immigration Rules. Calculating the financial requirement with no dependants: Unless exempt, the applicant must […]

Oct

An Overview of the Steps in Obtaining a Decree Absolute Divorce for a Petitioner

The following steps have been briefly outlined for a petitioner who wishes to petition for a divorce and there are no children (under the age of 18) involved in the marriage and no financial orders are required. Step 1: Initial Checks: a) Have you been married at least one year? You cannot apply for […]

Oct

Independent Review to assess impact of EU migrants on the UK economy post-Brexit From Caring UK September 2017 Edition

An independent Home Office review has been initiated by the Government to allow employers to voice their concerns on the impact of EU migrants in their businesses post-Brexit. With the UK about to exit the European Union, the Migration Advisory Committee will investigate several factors ahead of the leave date of March 31, 2019. The inquiry […]

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