What is Judicial Review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, 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.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
Who can bring a Judicial Review?
A Judicial Review can be brought by a person affected by the decision.
How do I start a Judicial Review?
To start a Judicial Review you must have the leave of the court. You can find the application to apply for leave here. You may find it helpful to seek advice from an independant legal practitioner if you are considering bringing a Judicial Review. An application for leave for Judicial Review should be brought as soon as possible after the decision you are seeking to review is made and in any event within 3 months.
If you are given leave to bring proceedings you will be required to make an application by Originating Motion and serve a Notice of Motion on all persons directly affected and the Registrar of the Supreme Court. Hearings relating to Judicial Review are held in open court but may be subject to reporting restrictions.
Judical Review proceedings are governed by the Senior Courts Act 1981 and the Rules of the Supreme Court 1965.
If you require any further information about Judicial Review, please contact us.