Judicial Review

The process of challenging the lawfulness of actions or decisions made by public authorities or the lower courts is called judicial review. Rather than challenging the merits of the decision, action or inaction, a judicial review questions the lawfulness. When a challenge is made, it is done so before the High Court and considered by a High Court judge, so seeking legal representation is imperative. The procedures and issues are quite different from those encountered at the lower courts and not all solicitors are familiar with this specialist work.

Certain criteria must be met before a challenge can be made. It must be demonstrated that the decision was:

  • Incorrect in the eyes of the law

  • Made in an irrational way

  • Reached in an unreasonable way

The applicant will essentially ask The High Court to do one or more of the following:

  • Set a particular decision aside

  • Direct a public body to do something,

  • Direct a public body to refrain from doing something

  • Award damages

Some of the more common judicial reviews we undertake include:

  • Challenging the obtaining or execution of search warrants

  • Reviewing the warrants of commitment in confiscation enforcement proceedings

The input of an expert legal team can prove invaluable in helping to satisfy these requirements. The Private Client Criminal Law Service from JMW is ideal for assisting in judicial reviews, given the extra dedication and focus the service allows. The offering is bespoke and aimed at professionals or corporate clients, meaning you can rely on top-class assistance at every stage, from researching the challenge to seeing it through to its conclusion in the High Court.

To find out more about the Private Client Criminal Law Service from JMW and how it can help you with the judicial review process, call us today on 0345 872 6666, or fill in the contact form on this page. 

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