A claim for Judicial Review means a claim to review the lawfulness of a decision, action, or failure to act.
The procedure that looks at considerations such as :
- an error of law,
- a failure to comply with procedure or requirements,
- a failure to take into account a material consideration or material errors of fact,
- a decision which is so unreasonable and irrational that no reasonable authority could have come to it.
The majority of applications for Judicial Review of Planning Decisions will be made only because there is no other route of appeal. For example, an objector to a planning application can use this route if the application is granted, because no appeal is possible to the Planning Inspector. Alternatively the claimant might be someone who challenges a decision made by a public body, perhaps on the basis that it has not followed its own procedures or policies.
It is important to make it clear that a successful Judicial Review will not change the decision, but will instead quash it. This means that the decision has to be taken afresh and it is as if the clock is re-wound to before the challenged decision was made.
We have a long standing expertise in such matters and are able to investigate the decision and see if it can be challenged. We will advise whether it is in your best interest to consider a Judicial Review, particularly if it is likely that the new decision is likely to be the same as the original one.