What is judicial review and which court handles it?

Judicial review is the supervisory jurisdiction of the Administrative Court, which is part of the King's Bench Division of the High Court. It allows challenges to decisions, actions, or omissions by public bodies based on illegality, irrationality, or procedural unfairness. It is not an appeal on the merits, meaning the court does not substitute its own decision for that of the public body.

Who can I challenge using judicial review?

You can challenge decisions made by public bodies or entities exercising a public function, such as government departments, local authorities, NHS bodies, regulators, courts, and tribunals. Private bodies are generally not amenable to judicial review unless they are exercising a public function, as established in case law such as R v Panel on Take-overs, ex p Datafin.

Do I need to be personally affected to apply for judicial review?

You must have 'sufficient interest' or standing, meaning you are directly affected by the decision you are challenging. However, pressure groups and NGOs can also have standing if they represent affected interests, as seen in cases like R v Secretary of State, ex p Greenpeace. This ensures that those with a legitimate concern can seek review.

How long do I have to file a judicial review claim?

Generally, you must file your claim promptly and within three months of the decision, according to CPR r.54.5. However, specific areas have stricter limits: planning cases have a six-week limit, procurement cases have a 30-day limit, and public contracts have even stricter requirements. The court can refuse permission for delay even if the claim is within the three-month window.

Do I need to use other appeal processes before applying for judicial review?

Yes, you must exhaust all other available remedies before applying for judicial review. This includes using internal appeals, statutory appeals, ombudsman routes, or tribunal routes. The court will ordinarily refuse permission if an adequate alternative remedy exists. Additionally, you are required to send a pre-action protocol letter before formally filing the claim.

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eligibility

Administrative & Public Law

Updated 2026-04-09

Eligibility Checklist for Judicial Review

Check whether your case meets the threshold conditions to apply for judicial review in the Administrative Court.

Overview

Judicial review is the supervisory jurisdiction of the Administrative Court (part of the King's Bench Division of the High Court). It allows challenges to decisions, actions, and omissions by public bodies on the grounds of illegality, irrationality, or procedural unfairness. It is not an appeal on the merits — the court does not substitute its own decision. The threshold conditions are set out in CPR Part 54 and by decades of case law.

0 of 5 items checked

Nature of the Defendant

The decision was made by a public body or a body exercising a public function (government departments, local authorities, NHS bodies, regulators, courts, tribunals)(Essential)

Private bodies are not amenable to judicial review unless they exercise a public function (R v Panel on Take-overs, ex p Datafin [1987])

Standing

You have 'sufficient interest' (standing) — you are directly affected by the decision challenged(Essential)

Pressure groups and NGOs can have standing if they represent affected interests (R v Secretary of State, ex p Greenpeace [1994])

Exhaustion of Remedies

You have exhausted all other available remedies — internal appeals, statutory appeals, ombudsman routes, tribunal routes — before applying for judicial review(Essential)

The court will ordinarily refuse permission if an adequate alternative remedy exists

Time Limits

Your claim is filed promptly and in any event within 3 months of the decision (CPR r.54.5)(Essential)

Planning cases: 6 weeks; procurement: 30 days; public contracts: stricter limits. The court can refuse permission for delay even within 3 months

You have sent a pre-action protocol letter before filing the claim(Essential)

Related Guides

Related Rights

Official Resources

Administrative Court Judicial Review Guide →CPR Part 54 →

Frequently asked questions

What is judicial review and which court handles it?: Judicial review is the supervisory jurisdiction of the Administrative Court, which is part of the King's Bench Division of the High Court. It allows challenges to decisions, actions, or omissions by public bodies based on illegality, irrationality, or procedural unfairness. It is not an appeal on the merits, meaning the court does not substitute its own decision for that of the public body.
Who can I challenge using judicial review?: You can challenge decisions made by public bodies or entities exercising a public function, such as government departments, local authorities, NHS bodies, regulators, courts, and tribunals. Private bodies are generally not amenable to judicial review unless they are exercising a public function, as established in case law such as R v Panel on Take-overs, ex p Datafin.
Do I need to be personally affected to apply for judicial review?: You must have 'sufficient interest' or standing, meaning you are directly affected by the decision you are challenging. However, pressure groups and NGOs can also have standing if they represent affected interests, as seen in cases like R v Secretary of State, ex p Greenpeace. This ensures that those with a legitimate concern can seek review.
How long do I have to file a judicial review claim?: Generally, you must file your claim promptly and within three months of the decision, according to CPR r.54.5. However, specific areas have stricter limits: planning cases have a six-week limit, procurement cases have a 30-day limit, and public contracts have even stricter requirements. The court can refuse permission for delay even if the claim is within the three-month window.
Do I need to use other appeal processes before applying for judicial review?: Yes, you must exhaust all other available remedies before applying for judicial review. This includes using internal appeals, statutory appeals, ombudsman routes, or tribunal routes. The court will ordinarily refuse permission if an adequate alternative remedy exists. Additionally, you are required to send a pre-action protocol letter before formally filing the claim.