Judicial Review Proceedings

1. Assistance with Preparation and Filing of Judicial Review Applications

• Helping you understand the grounds for judicial review and whether your case qualifies.

• Assisting with the preparation of the initial claim form and other necessary documentation.

• Ensuring that all applications are filed within the required time limits.

2. Gathering and Organizing Supporting Evidence

• Assisting in collecting all relevant evidence to support your claim.

• Organizing evidence systematically to present a compelling case to the court.

• Advising on the types of evidence that will be most effective in judicial review proceedings.

3. Drafting Witness Statements and Affidavits

• Helping you and any witnesses prepare detailed and accurate statements.

• Ensuring that all statements are clear, concise, and comply with legal requirements.

• Providing guidance on how to present your testimony effectively.

4. Preparing Legal Arguments and Documentation

• Assisting in the drafting of legal arguments that clearly outline the basis of your judicial review.

• Ensuring that all legal documentation is thorough and correctly formatted.

• Helping to highlight the key points that support your case.

5. Offering Support and Guidance Throughout the Judicial Review Process

• Providing ongoing support from the initial stages of your claim through to the final hearing.

• Helping you understand each step of the judicial review process and what to expect.

• Offering practical advice on how to handle procedural requirements and court interactions.

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Key Aspects of Judicial Review

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Understanding Judicial Review

• Judicial review is a legal process by which you can challenge the lawfulness of decisions or actions made by public bodies.

• Our McKenzie Friends will help you understand whether your case is suitable for judicial review and the specific grounds on which you can base your challenge.

Grounds for Judicial Review

• Illegality: When a decision-maker does not have the legal authority to make a decision or acts outside their legal powers.

• Procedural Unfairness: When the decision-making process is flawed, such as a failure to follow proper procedures or a lack of impartiality.

• Irrationality: When a decision is so unreasonable that no reasonable authority would have made it.

Timeliness

• Judicial review applications must be made promptly and, in any event, within three months of the decision or action being challenged.

• Our McKenzie Friends will ensure that all necessary steps are taken within the required time frame.

Permission Stage

• The initial stage in a judicial review where you must obtain permission from the court to proceed.

• We will assist in preparing a strong application to demonstrate that your case has merit and should be heard.

Substantive Hearing

• If permission is granted, the substantive hearing is where the court will fully examine your case.

• Our McKenzie Friends will help you prepare for the hearing, including organizing your evidence and refining your legal arguments.

Remedies

• If your judicial review is successful, the court can grant various remedies, including quashing the original decision, ordering a public body to reconsider its decision, or declaring the legal rights of the parties.

• We will advise you on the potential outcomes and what you can achieve through judicial review.

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By providing detailed and practical support, our McKenzie Friends ensure that you are well-prepared and confident throughout the judicial review process. We are committed to helping you achieve a fair and just outcome.

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