PUBLIC LAW
Public law basically covers/governs the relationships between the public and the government. The Public in this description incorporates the individual, society or group. We can challenge/ appeal against the unlawful/ unreasonable decisions of public bodies/institutions in areas covered by Public Law.
We are able to bring Judicial Review proceedings in respect of decisions of any government department, local government or a body carrying out a public law function.
Judicial review is a process by which a claimant either challenges the decision of a government department or of a public body carrying out a public law function or a process by which the claimant can:
- Compel a government department, local authority or a body carrying out a public law function, to do an act which is within the competence and the authority of such body to do, and which the body ought to do and has failed to do or may not do unless compelled to do so. This type of order is a mandatory order. It also used to be called an order of mandamus; in that, it is meant to compel to act.
- In a Judicial Review proceeding, a claimant may also seek to prohibit a body carrying out public law functions from doing an act. This type of action is usually brought where the action has not yet taken place and there is every likelihood or it is imminent that such action might be taken by the public body unless stopped. In such a case, an application may be made to the court to prohibit the doing of that particular act.
- A claimant may also seek to quash a decision that has already been made. That type of order used to be called an order of certiorari, and this is an order quashing a decision that has already been made by a body carrying out a public law function.
Time Limit
Judicial Review application must be brought not later than three months after the ground to make the claim arose. The application is usually filed after observing the Judicial Review protocol; unless where there are directions or rules to the contrary. Judicial Review claims are usually brought before the Administrative Court Section of the High Court.
It is important to mention that by the direction of the Lord Chief Justice made on 21 August 2013 in respect of Judicial Review applications relating to Immigration matters, the Upper Tribunal now has Jurisdiction to deal with Judicial Review applications relating to certain issue.
At Stephens Happyman & Co, we can act on your behalf in making your Judicial Review Claim. We will hold an initial meeting to listen to you, conduct initial documentation review and the advise you, after which you will be able to decide whether to proceed to make your Judicial Review claim or not. We charge an initial consultation fee of £150.00 for a 30-minute initial discusion of your case.
It is also important to mention that there are certain protocols that you must comply with, before an application to seek Judicial Review or make some Statutory Appeals could be taken before the court.