The Judicial Review Process: Step by Step
Step-by-step guide to judicial review in England & Wales: pre-action protocol letter, the 3-month time limit, permission stage, court fees and remedies.
Quick answer
Judicial review is the High Court procedure for challenging the lawfulness of a public body's decision, action or failure to act. In England and Wales you must first send a letter before claim under the Pre-Action Protocol for Judicial Review (the defendant should normally respond within 14 days), then file claim form N461 at the Administrative Court promptly and in any event within 3 months of the grounds arising (6 weeks for planning decisions) with a £179 permission fee. The court's permission is required to proceed: if it is refused on the papers you have 7 days to request reconsideration at a hearing (£449), and if permission is granted a further £897 is payable to continue to the full hearing. The court can grant quashing, mandatory and prohibiting orders, declarations and injunctions; damages can be claimed alongside but not alone.
Overview
Judicial review is the procedure for asking the High Court to review the lawfulness of an enactment, or of a decision, action or failure to act in relation to the exercise of a public function. Claims are dealt with by the Administrative Court and you will normally need the court's permission to proceed. Time limits are unusually strict — the claim form must be filed promptly, and in any event not later than 3 months after the grounds first arose — so the process needs to start well before that deadline. This guide walks through each stage, from the pre-action protocol letter to the substantive hearing and remedies.
Who Can Use This Process
- You want to challenge the lawfulness of an enactment, or of a decision, action or failure to act in relation to the exercise of a public function
- You are seeking a judicial review remedy: a mandatory order, a prohibiting order, a quashing order or an injunction (a declaration or damages can be added, but damages cannot be sought alone)
- You can act promptly — the claim form must be filed no later than 3 months after the grounds arose (6 weeks for planning decisions)
- The claim relates to England and Wales (the pre-action protocol applies to proceedings within England and Wales only)
Step-by-Step Process
Check the Time Limit Immediately
Judicial review deadlines run from when the grounds to make the claim first arose, not from when you found out or finished complaining. The claim form must be filed promptly, and in any event not later than 3 months after the grounds first arose. For decisions made by the Secretary of State or a local planning authority under the planning acts, the deadline is just six weeks. Nothing in the pre-action correspondence stops the clock, so map out your deadline before doing anything else.
- The 3-month limit is a backstop — filing 'promptly' is a separate requirement, so do not treat 3 months as a target
- Planning judicial reviews must be filed not later than six weeks after the grounds arose
- Procurement challenges have their own shorter statutory time limits under the Procurement Act 2023 and Public Contracts Regulations 2015
Send a Letter Before Claim
The Pre-Action Protocol for Judicial Review expects you to send a letter to the defendant public body to identify the issues in dispute and establish whether they can be narrowed. The letter should contain the date and details of the decision, act or omission being challenged, a clear summary of the facts and the legal basis for the claim, using the standard format at Annex A of the protocol. Sending the letter does not extend your time limit.
- Use the Annex A standard format — it covers the defendant's details, the legal basis, the remedy sought and ADR proposals
- Skip the protocol in very urgent cases (for example where an urgent interim order is needed) — the protocol itself says a claim should then be made immediately
- Keep proof of when the letter was sent
Consider the Response and ADR
Defendants should normally respond within 14 days using the standard format at Annex B of the protocol, and failure to do so will be taken into account by the court, with possible sanctions unless there are good reasons. The response should state clearly whether the claim is conceded in full, in part, or not at all. Use this window to consider whether the dispute can be resolved without proceedings — silence in response to an invitation to use ADR, or a refusal to participate, might be considered unreasonable by the court and can carry costs consequences.
- If the defendant concedes, get the concession in writing before withdrawing
- If the response narrows the issues, reflect that in your grounds — it will matter on costs
- Do not let the exchange of letters run you out of time
File the Claim (Form N461) and Pay the Fee
File the judicial review claim form N461 at an Administrative Court office — the court sits in Birmingham, Cardiff, Leeds, London and Manchester. The fee on an application for permission to apply for judicial review is £179. In genuinely urgent cases there is a separate urgent judicial review claim form (N463). Your claim form and grounds need to set out what you are challenging, why it is unlawful, and the remedy you seek.
- Check the Administrative Court Judicial Review Guide (2025 edition) before filing — it covers starting a claim, applying for permission, urgent cases, remedies, costs and appeals
- The London office is the Administrative Court Office, Royal Courts of Justice, Strand, London, WC2A 2LL
- If you are on a low income you may qualify for help with court fees
Await the Acknowledgment of Service
A defendant (or interested party) who wants to take part in the judicial review must file an acknowledgment of service not more than 21 days after service of the claim form, usually including summary grounds of resistance. Unusually, the time limits under this rule may not be extended by agreement between the parties, so the timetable at this stage is fixed.
- An 'interested party' is any person, other than the claimant and defendant, who is directly affected by the claim — they must be served too
- Read the summary grounds carefully: they preview the defence you will meet at the permission stage
The Permission Stage
The court's permission to proceed is required in every claim for judicial review. A judge will normally consider permission on the papers. If permission is refused (or granted on limited grounds) you can usually request reconsideration at an oral hearing — the request must be filed within 7 days after service of the court's reasons, and the fee for a request to reconsider at a hearing is £449. The parties are given at least 2 days' notice of the hearing date.
- Treat the paper refusal reasons as a checklist — your oral renewal should answer them directly
- If the judge certifies a claim as totally without merit, the renewal route may not be available — take advice quickly
Permission Granted: Pay the Continuation Fee and Prepare
If permission is granted, a further fee of £897 is payable to continue the claim to a full hearing. The case then moves into its substantive phase: the defendant files detailed grounds and evidence, and the parties prepare for the substantive hearing in line with the case management directions. The Administrative Court Judicial Review Guide covers substantive hearings, case management and costs in detail.
- Where permission is granted at an oral hearing after the £449 reconsideration fee was paid, the further fee is £447
- Diarise every date in the court's directions — judicial review timetables are tightly enforced
The Substantive Hearing and Remedies
At the full hearing the court decides whether the decision, act or omission was unlawful. The judicial review procedure is used where the claimant seeks a mandatory order (compelling action), a prohibiting order (preventing action), a quashing order (setting the decision aside) or an injunction, and it may also be used for a declaration. A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due, but may not seek such a remedy alone. Cases are heard by a High Court judge, or a Divisional Court with a High Court judge and a Court of Appeal judge.
- Remedies in judicial review are discretionary — winning on the law does not guarantee the order you want
- If you lose, the Judicial Review Guide's chapter on appeals explains the routes onward
Costs
Important Warnings
The pre-action protocol does not affect the time limit in rule 54.5(1) — sending a letter before claim does not stop the 3-month clock
In very urgent cases the protocol is not appropriate and a claim should be made immediately
The 21-day acknowledgment of service time limit may not be extended by agreement between the parties
Silence in response to an invitation to use ADR, or refusal to participate, might be considered unreasonable and can lead to additional costs orders
Useful Links
Frequently asked questions
- What is the time limit for judicial review?
- The claim form must be filed promptly, and in any event not later than 3 months after the grounds to make the claim first arose. Where the challenge is to a decision made by the Secretary of State or a local planning authority under the planning acts, the deadline is six weeks. Procurement challenges have separate statutory time limits. The pre-action protocol does not affect these limits, so correspondence with the defendant does not pause the clock.
- Do I need permission to bring a judicial review?
- Yes. The court's permission to proceed is required in every claim for judicial review, whether started in the Administrative Court or transferred to it. A judge normally decides permission on the papers first; if it is refused you can usually request reconsideration at an oral hearing within 7 days of being served with the reasons.
- How much does judicial review cost in court fees?
- The fee for an application for permission to apply for judicial review is £179. A request to reconsider permission at a hearing costs £449, and if permission is granted a further £897 is payable to continue the claim to a full hearing (£447 where permission was granted at a hearing after the £449 fee was paid). On top of fees, the general costs rule in civil litigation is that the unsuccessful party pays the successful party's costs, so an unsuccessful claimant also risks paying the defendant's costs.
- What remedies can the court grant on judicial review?
- The judicial review procedure is used where the claimant seeks a mandatory order, a prohibiting order, a quashing order or an injunction, and it may also be used to seek a declaration. A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due, but may not seek such a remedy alone.
- What happens if my case is urgent?
- The pre-action protocol itself says it will not be appropriate in very urgent cases — in that sort of case a claim should be made immediately. The Administrative Court has a dedicated urgent judicial review claim form (N463), and the Judicial Review Guide has a chapter on urgent cases.
- Where do I file a judicial review claim?
- Claims are filed at an Administrative Court office. The court has offices in Birmingham, Cardiff, Leeds, London and Manchester; the London office is the Administrative Court Office, Royal Courts of Justice, Strand, London, WC2A 2LL.