Public agencies must follow the law because they are trusted to make a variety of judgments that could significantly affect our lives and businesses. If you have been impacted by a public entity abusing its authority or acting illegally, we, as judicial review lawyers, can help.
In cases when the public authority has broken its legal commitments, our expert judicial review lawyers assist people in contesting and overturning a judgment. We frequently represent people, businesses, nonprofit organisations, and neighbourhood interest groups in a wide variety of niches and industries.
The process of contesting the legality of decisions made by public bodies, typically local or central government agencies, is known as judicial review (JR). The court’s “supervisory” function is to ensure that the decision-maker follows the law. It’s critical to realise that a judicial review is a challenge to the decision’s legality rather than a rerun on the decision’s merits.
If a judicial review claim is successful, the decision originally made is typically “quashed” or declared invalid. This implies that the decision must typically be made again. This means that any flaws will be fixed before the application is examined. In planning cases, for example, it might include adding an environmental impact assessment or other necessary data that had been overlooked.
While not always successful, and occasionally resulting in the same decision being made again, as judicial review lawyers we often see the outcome of a decision being overturned by Judicial Review and a new decision being made, frequently after adhering to the proper procedures (such as having an environmental impact assessment (EIA) or factors properly taken into account), means that at the very least a better, and frequently a substantively different, decision is made.
We find that when a decision has a legal issue, there is frequently also a substantive one. It could imply that the choice cannot be made legally again with the same outcome in practise. However, as each case is unique, if you feel you may have grounds to file for a judicial review a consultation with one of Pearl Lemon Legal’s expert judicial review lawyers will help you determine if that really is the case.
One of the most important things anyone, or any business, who feels they have cause to request a judicial review must keep in mind is timing. One of the most crucial requirements is that the request for JR approval be submitted within the deadlines established by the court rules.
All planning cases requesting judicial review must be initiated within six weeks of the decision date, as of July 1, 2013. The time restriction for non-planning cases may still require that a claim is made promptly, and in any case, within three months. The deadlines are rigorously adhered to and there is no ‘wiggle room’ on timing.
Therefore, when a decision that affects them is made or even might be made in the future, people are recommended to get urgent legal assistance in the form of a judicial review lawyer. Cases in this field often take time to build, and the faster we can begin our work, the better.
A judgment made by a public body that is outside of its legal authority or that does not adhere to the accepted rules of legal decision-making may be subject to judicial review. We can assist you in appealing judgments rendered by:
-Local health authorities and the NHS
-County courts, coroners, and magistrates
-Local councils (including social services departments)
-prisons and law enforcement
-Schools and governing bodies for schools
-Regulatory and oversight organisations
-Planning officials and planning authorities
A public body’s decision must be proven to have been made unlawfully before it can be challenged. You cannot merely disagree with a decision and ask for a judicial review based on that alone.
We recognise that establishing that a public entity has broken the law can be difficult, and the idea of doing so may be daunting, but our knowledgeable judicial review lawyers will assist you in building the best possible case to support your claim.
A large part of determining if a case should be made for judicial review is proving that the original decision made was unlawful. But what does that actually mean in practical terms?
Any public body can only act within its remit under the law, at least technically. Each body’s authority is constrained by specific laws and regulations, which also lays out obligations that must be met while acting or making judgments. However, this ideal is not always upheld, and public bodies do indeed make decisions that are not lawful.
If a decision exceeds a body’s legal authority or violates its obligations, it is unlawful and subject to judicial review. A decision may be contested by expert judicial review lawyers on the behalf of clients if
The government body lacks the authority to take a particular action.
Public bodies misuse their authority or apply the law wrongly while making decisions.
The decision was unreasonable, or the decision-making process itself was unfair.
The ruling transgresses equality laws or the Human Rights Act.
Contact us to determine if a decision made by a public entity that you feel was unjust affects you qualifies for a judicial review claim by one of Pearl Lemon Legal’s judicial review specialists.
The types of decisions that might be eligible for a judicial review claim are extensive. Some are more common than others though. As judicial review lawyers at Pearl lemon Legal we frequently take on cases involving judicial review in contexts like:
-Planning and environmental law
-Social and health issues
-Purchasing and commercial transactions, both B2B and B2C in nature
-Professional and regulatory discipline
The judicial review procedure is very often drawn-out and challenging. In order to give your claim the best chance of success within the strict time restrictions imposed by the court, it is crucial to arrange legal representation as soon as possible.
We may well be able to assist you in contesting a decision made by a public entity that has negatively impacted you. To learn more, speak with our judicial review lawyers team right away by contacting us here.
For a free, no-obligation conversation about how we might be able to help with your current legal issues, please contact us today.