Judicial Review

Judicial review is a legal process through which the courts in England and Wales supervise the lawfulness of decisions, actions, or omissions made by public bodies, including central government departments, local authorities, tribunals, and regulatory authorities. It is not an appeal on the merits of a decision but rather a mechanism for ensuring that public authorities act within the limits of their lawful powers.

An application for judicial review may be appropriate where a decision:

• has been made unlawfully or beyond the decision-maker’s legal powers (illegality);
• has been reached in a way that is procedurally unfair (procedural impropriety);
• is so unreasonable that no reasonable authority could have made it (irrationality); or
• breaches fundamental rights under the European Convention on Human Rights, as incorporated into domestic law by the Human Rights Act 1998.

Judicial review is often used in the field of immigration and asylum law, including challenges to decisions of the Home Office relating to detention, removal, asylum refusals, or the denial of support. It is also a vital remedy in wider areas of public law, such as housing, education, planning, and social welfare.

The procedure is subject to strict time limits. In most cases, a claim must be filed promptly and within three months of the date of the decision under challenge. In immigration matters, shorter time limits usually apply. Applicants are generally required to comply with the Pre-Action Protocol for Judicial Review before issuing proceedings, giving the public authority an opportunity to reconsider its decision.

At Lexmark Legal, we have significant experience in pursuing judicial review claims. We provide clear, practical advice on the merits of a potential challenge, draft robust pre-action correspondence, and represent clients before the Administrative Court. Where urgent action is required, we are able to seek interim relief, such as an injunction preventing removal or continued detention.