Judicial review

Judicial review is the procedure, by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function.
(i) A mandatory order (i.e. an order requiring the public body to do something and Formerly known as an order of mandamus);
(ii) A prohibiting order (i.e. an order preventing the public body from doing something and formerly known as an order of prohibition); or
(iii) A quashing order (i.e. an order quashing the public body's decision and formerly Known as an order of certiorari)
(iv) A declaration
(v) Damages
No the Upper Tribunal can only award the order as mentioned above, and require the Home Office to reconsider their earlier unlawful decision.
Claims can either be heard by a single Judge or a panel of Upper Tribunal Judges.

The Upper Tribunal sits at the following locations, although in appropriate cases arrangements may be made for sittings at alternative locations:

  • Breams Building London
The protocol sets out a code of good practice and contains the steps which parties should generally follow before making a claim for judicial review. The objective of the pre-action protocol is to avoid unnecessary litigation.
You will need advice on the contents of the letter, it is better to have a fully detailed letter to identify the issues in dispute. Before making your claim for judicial review, AKL Solicitors will send a letter to the defendant on your behalf identifying all the issues to be challenged, requesting the defendant to review the decision. In addition we would place the Home Office on notice that should they fail to carry out the required steps, and proceedings have to be issued, claimant would seek their costs of issuing proceedings in the High Court.
Defendants should normally respond to that letter within 14 days.
Yes you must issue proceedings within three months of the date of the decision you are challenging. (Please note there are shorter time limits for challenging Immigration Judge's decisions).
Claims should be sent to Breams Building, London.
Once you instruct us, you will not have to worry about these matters, as our expert team will take care of everything on your behalf. They will take instructions from you and draft all the necessary witness statements and comply with the court rules.
No, Our expert team will take care of everything on your behalf.
If we establish that your application is urgent, and needs a decision of the court within certain time frame, we will make an urgent application on your behalf which would mean that a Judge would look at your application immediately and depending on the urgency within hours.
The defendants (such as Home Office) who has been served with the claim form will have to file an acknowledgment of service in the court , within 21 days of the proceedings being served upon them.

If permission is refused, or is granted subject to conditions or on certain grounds only, you may request a reconsideration of that decision at an oral hearing. Should this happen, we will advice you of the procedure and will take all the steps necessary on your behalf.

When the hearing is listed our team will instruct a suitably qualified barrister to represent you at the time of the oral hearing for permission.

When court grants permission it will make case management directions for the progression of the case.

At AKL Solicitors, we will take care of everything on your behalf and follow those directions, we will advice you of each step which requires to be taken and further notify you when they have been complied with so that you are fully informed at all stage of your case.

A skeleton argument is a document, which identifies all the issues, lists the legal points to be taken, make references to the case law to be relied upon including its appropriate passage lodged with the court by a party prior to the substantive hearing of any application for judicial review.

At AKL Solicitors, we will draft a skeleton argument on your behalf and file with the court, we will also serve it upon the treasury solicitors. A copy will always be provided to you before filing with the court to ensure that you are aware of the contents of the arguments.

The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances.

Costs may also be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.

If you are unhappy with the Court's decision in a civil matter you can appeal to the Court of Appeal Civil Division (with permission of the Court of Appeal). Application to the Court of Appeal for permission to Appeal must be made within 7 days of the refusal by the Administrative Court of permission to apply for judicial review.

Should your application be refused, we will discuss with you, your options, and advice you further whether there are any merits in lodging an appeal to the court of appeal.

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28 Jul 2022

Too many divorces end up in court

The law on getting a divorce has recently changed.

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