Judicial Law

Judicial Law

Introduction to Judicial Review

Judicial review is a request for a review of the decision of a public body or in the case of immigration it will be a request against the decision of the UKVI/ Home Office. Judicial Review provides the means by which the UK courts control the exercise of powers of public bodies such as Government, Government departments, Local Authorities, Tribunals, State and semi-State organisations. It is the last remedy to an applicant and is used where there is no alternative remedy available and used as a last resort....Read More

Judicial Law

Step 1 - Procedural Hurdles

Judicial review is only available against the decisions of a Public Body. If the body whose decision is challenged is a private body, for example, a private school, an airliner, a mobile phone company, then the remedy for an aggrieved person will lie in private law. Some private bodies who were once under Government control are also considered as public bodies. The test for public bodies is a source of its’ powers if the body is set up under statute or by some delegated legislation then it will be held as a public body....Read More

Judicial Law

Step 2 - Grounds of Judicial Review

Once a person has successfully passed all of the hurdles in stage one and has been granted a permission to apply for Judicial Review, he can proceed to stage two. There must be valid ground/grounds to pursue a claim under Judicial Review. Illegality / Ultra Vires Decision Includes Error of law, Error of Facts, Onerous Conditions, Use of power for the wrong purpose...Read More

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