Judicial review is a form of court proceeding, usually in the Administrative Court, in which the judge reviews the lawfulness of a decision or action, or a failure to act, by a public body exercising a public function. It is only available where there is no other effective means of challenge.Judicial review is concerned with whether the law has been correctly applied, and the right procedures have been followed.In order to succeed the claimant will need to show that either:
- A public body is under a legal duty to act or make a decision in a certain way and is unlawfully refusing or failing to do so; or
- A decision or action has been taken by a public body
that is beyond the powers it is given by law.
See this Public Law Project guide on procedure, powers, costs & more info on Judicial Review