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If you are unhappy with the decision of a public body you may be
able to challenge the decision by taking judicial review proceedings
in the High Court.
Can the decision
of any public body be challenged?
Judicial review can be applied for in relation to any public body,
including government departments, local authorities, the police
and any organisation exercising a public function.
On what grounds
can decisions be challenged?
The grounds for such cases will usually be that the body acted illegally
or irrationally or that the decision was reached unfairly because
of a defect in the procedure which led to the decision.
What remedies are
available?
The usual remedy if a case succeeds is that the public body will
be ordered by the court to reconsider or change its decision. Damages
may also be available in certain circumstances.
How is the review
procedure initiated?
Note that it is a complicated procedure and legal advice should
be sought. Legal aid is available for judicial review cases.
An application for initial permission
should be made to the High Court, which will only grant permission
if there is an arguable case and the applicant has not unduly delayed
in seeking permission.
The opponent in the case is served with the claim form and has the
opportunity to file an cknowledgement of service not more than 21
days afterwards.
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Guiding
principles to be considered and incorporated are to be found in
the following:-
Time limit for submitting
a review application ?
The timetable laid down in Court rules requires that an application
for permission to be made expeditiously and in any event within
three months of the decision complained of. The Court will sometimes
exercise its power to extend that period.
How does the court
deal with applications?
An application for permission is usually considered on papers by
a single Judge.
There is no right to an oral hearing
as such, although if permission is refused then the applicant may
request reconsideration by way of oral hearing at that stage.
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