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What is a judicial review in laymans terms (UK law)

• What is a judicial review in laymans terms (UK law)

• Answer:

  Dear spurr-ga In the United Kingdom there are a number of bodies such as local authorities, Departments of State and regulatory bodies which make decisions which affect both individuals and businesses. These decisions should be within the law and the bodies should act in a fair and reasonable manner. Once they have made a decision sometimes there is no mechanism to appeal their decision, or they refuse permission to appeal. A judicial review is a process whereby their actions can be challenged, reviewed and their legality tested. The judicial review hearing is held in the High Court or the Scottish Court of Sessions. The court will not decide the merits of the decision, only its lawfulness, and the court can ask the body to reconsider the matter. Here are some examples: British pensioners overseas won the right to a judicial review to challenge the government's policy over "frozen" pensions. Under the rules, pensioners in countries abroad did not get their pensions up-rated in line with increases in Britain. This was argued to be contrary to the Human Rights Act. http://news.bbc.co.uk/1/hi/business/1617822.stm Bromley Council taken to the High Court over a controversial Crystal Palace development. The applicant was granted a judicial review of the council's decision to grant planning permission for a £58 million cinema and leisure complex. The applicant argued that an environmental impact assessment should have been carried out before the decision was made. http://www.crystal.dircon.co.uk/diane_barker.htm Camelot applied for a Judicial Review when the Lottery Commission decided to negotiate the lottery licence solely with Sir Richard Branson's People's Lottery. http://www.guardian.co.uk/lottery/story/0,7369,360754,00.html Immigration and Asylum issue where the Secretary of State is said to have made a decision based on wrong information about the applicants status. http://www.guardian.co.uk/Refugees_in_Britain/Story/0,2763,779715,00.html The first stage of the judicial review process is to seek the permission of the High Court to proceed with the judicial review. Both parties have an opportunity to present an outline of their case and the judge will decide whether there is sufficient merit to proceed. The decision can be appealed. If permission is granted, a date is set for a full hearing. A fuller explanation of the procedure can be found at the Lord Chancellors Department. This is an extract below: “1 Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of: an enactment; or a decision, action or failure to act in relation to the exercise of a public function.(2) 2 Judicial review may be used where there is no right of appeal or where all avenues of appeal have been exhausted. 3 Where alternative procedures have not been used the judge may refuse to hear the judicial review case. However, his or her decision will depend upon the circumstances of the case and the nature of the alternative remedy. Where an alternative remedy does exist a claimant should give careful consideration as to whether it is appropriate to his or her problem before making a claim for judicial review. 4 Judicial review may not be appropriate in every instance. “ http://www.lcd.gov.uk/civil/procrules_fin/contents/protocols/prot_jrv.htm This site carries a more detailed explanation as to why a judicial review has been applied for in the case of Professional Contractors Group . “Professional Contractors Group is seeking the permission of the High Court to proceed with a judicial review against the UK Government relating to the introduction and implementation of IR35 - the so-called 'stealth tax' which affects small independent businesses, mainly in the IT and engineering sector.” http://www.pcg.org.uk/judicialreview/jr_background_briefing.html I hope I have clarified it for you. Please do ask for clarification of this research, or if the links do not work, before rating the answer. answerfinder-ga Search strategy "judicial review" won ://www.google.com/search?q=%22judicial+review%22+won&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=0&sa=N "judicial review" glossary uk ://www.google.com/search?q=%22judicial+review%22+glossary+uk&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=0&sa=N