Judicial review

Judicial review is a specialist form of legal challenge, focused on the lawfulness of decisions of a public body or a body carrying out a public function. In a judicial review the Court looks at the way a decision has been made, rather than the decision itself. The principles of fairness, lawfulness, rationality and proportionally are key to judicial review.

Once viewed as a limited form of challenge, we’ve long recognised the broader application and increasing importance of judicial review in a commercial context.  In particular, judicial review can be utilised by businesses operating in highly regulated sectors, where there is close interaction with government departments, public authorities and regulators and where the impact on an individual business or even a sector can be significant.

We act for individuals, businesses, charities, NGOs, pressure groups, public bodies and regulators whether as claimant, defendant, interested party or intervenor in judicial review proceedings.

Our incisive, agile and responsive judicial review specialists are able to act promptly, within the tight time-limits imposed for these claims. We look holistically at the issues you’re facing and develop a tailored strategy for litigation to meet your needs and objectives.  

Where appropriate, we will consider alternative remedies so that you have all options available. We also recognise that the outcome of judicial review proceedings is not necessarily the end of the matter and our broad expertise enables us to deliver advice and support to respond to a judgment and implement the remedies, including compliance with orders, revisions to policies or procedures, taking a fresh decision or settlement of costs.

We can help you with:

• strategic advice and support at all stages of a judicial review claim - including pre-action, the permission stage, bringing or defending a claim at a substantive hearing, or seeking to intervene or applying to be an interested party in existing proceedings
• consideration of questions of “standing” – whether an individual or organisation has a sufficient interest in a matter
• Compliance with the relevant pre-action protocol, whether bringing a claim or responding to a claim
• advocacy and representation at all stages of a claim, orally and in writing
• appeal proceedings
• mitigating the risk of a judicial review claim being brought against your organisation – by reviewing and advising on your processes and procedures, draft policies, guidance or proposed decisions
• analysis of new primary or secondary legislation or proposed legislative reform
• findings or decisions taken by a decision maker
• disclosure exercises – including ensuring compliance with duty of candour and wider disclosure obligations

We put your needs at the forefront of our approach. As a full-service law firm, we’re able to combine our multidisciplinary expertise and bring together specialists in judicial review and public law, with recognised experts from across the firm including regulation, equality and human rights, Education, immigration, planning, housing, environment, crime and licensing.

Industry expertise

Given the breadth of scope for judicial review, we have experience across a wide range of sectors including:

• financial services
• transport and infrastructure
• education
• immigration
• environment
• planning
• housing
• health and social care
• crime
• legal services

Some of our recent cases include:

• Acting for a Community Interest Company in bringing an expedited judicial review claim against an order of the Secretary of State for Health and Social Care (TransActual CIC v Secretary of State for Health and Social Care [2024] EWHC 1936 (Admin)). 
• Acting for the Law Society as Intervenor in a judicial review claim concerning legal aid payments (R (JHB Law Ltd (trading as Lawstop) v the Lord Chancellor [2023] EWHC 2398 (Admin)).
• Acting for a narrowboat owner (without mooring) in relation to potential judicial review proceedings against the Secretary of State for Energy Security & Net Zero. Further to pre-action correspondence, the government confirmed it had established a new scheme which issued a £600 lump sum voucher to those who held a continuous cruising licence for the relevant period.
• Acting for a number of individuals bringing judicial review claims against their respective Local Housing Authority or Council in respect of housing.
• Acting for a large retailer as an interested party in a judicial review of a planning decision regarding a considerable redevelopment project. 
• Representing interested party clients (community transport charities) in judicial review proceedings The Bus & Coach Association and the Secretary of State for Transport [2019] EWHC 3319 (Admin), on issues concerning the proper construction of an EU regulation and associated government guidance, the outcome of which may have been an existential threat to many not-for-profit community transport organisations.
• Representing four regulators as interveners in the Supreme Court in a high-profile judicial review concerning the lawful use of professional membership/practising fees to investigate and prosecute non-members (Hemming v Westminster City Council [2015] UKSC 25). The case was of central importance to the ‘perimeter enforcement’ regimes of UK regulators.  
• Successfully opposing the key judicial review brought by all of the major UK banks, challenging the Financial Ombudsman Service’ guidance in relation to payment protection insurance (British Bankers Association v Financial Conduct Authority and Financial Ombudsman Service [2011] EWHC 999 (Admin). The financial implications of the outcome of the case are reported to have grown to around £30 billion.

Here are some comments made about us.

Charges are usually based on our hourly rates plus administrative charges and disbursements. We’ll provide an initial estimate of your likely legal costs and will update this if your requirements or the circumstances of the work change.

We also have a flexible and innovative approach to litigation funding which enables us to offer, in appropriate cases, a series of funding choices tailored to your particular requirements. We’re prepared to consider alternative forms of funding, including crowdfunding, in appropriate cases.

We would be pleased to discuss your initial requirements free of charge.