Judicial Review Journey
The procedure for challenging the lawfulness of a public body's decision or action in the Administrative Court, from pre-action protocol letter to substantive hearing and remedies.
Who Uses This Journey
Individuals, NGOs, and businesses seeking to challenge decisions of public authorities (government departments, local authorities, courts, regulators, and other public bodies) that are alleged to be unlawful, irrational, or procedurally unfair.
Stage-by-Stage Timeline
Pre-Action Protocol Letter
Before issuing judicial review proceedings, you must send a Pre-Action Protocol (PAP) letter to the public body (defendant). The letter must: identify the decision challenged, set out the legal grounds, and give the public body 14 days to respond (3 months in planning cases). The body must send a formal PAP response.
- Sending a vague PAP letter — must identify specific legal grounds clearly
- Forgetting that the 3-month limitation period keeps running during PAP
- Not keeping a copy of the PAP letter and response
Issue Claim Form (N461)
If the public body does not act satisfactorily, issue the judicial review claim in the Administrative Court using Form N461. The claim must be filed within 3 months of the decision challenged (strictly enforced; 6 weeks for planning, immediately for some immigration cases). Includes: grounds of review, relief sought, and supporting evidence.
- Copy of the decision being challenged
- PAP letter and defendant's response
- Detailed Statement of Facts and Grounds
- All relevant correspondence and documents
- Statement from claimant
- Missing the 3-month deadline — courts rarely extend time
- Not identifying a specific legal ground (illegality, irrationality, procedural impropriety, breach of HRA)
- Not establishing 'standing' (sufficient interest in the matter)
Acknowledgement of Service (21 days)
The defendant (public body) must file an Acknowledgement of Service using Form N462 within 21 days. It must state whether they intend to contest the claim and their summary grounds of resistance. This is not a full defence at this stage.
- Public body failing to file — court may consider claim on papers without any opposition
- Claimant forgetting that even if no AoS is filed, they still need to argue their grounds
Permission Stage
A judge considers the papers and decides whether to grant permission for judicial review to proceed. The test is whether the claimant has an 'arguable' case. Permission can be refused on the papers, in which case the claimant can request an oral renewal hearing.
- Permission granted — proceed to substantive hearing
- Permission refused — claimant can renew orally within 7 days
- Permission refused at oral hearing — claimant can seek leave to appeal to Court of Appeal (if arguable)
- Settled before permission
- Not renewing after paper refusal within 7 days
- Failing to address the specific reasons for paper refusal in the oral renewal
Substantive Hearing
The substantive hearing is before a High Court judge (sometimes two judges). Both parties file detailed skeleton arguments and bundles. The claimant's counsel opens, the defendant responds, and claimant replies. The hearing typically lasts 1–3 days. Judgment may be reserved.
- Agreed bundle of documents
- Skeleton argument (filed 21 days before hearing for claimant; 14 days for defendant)
- Authorities bundle (list of cases relied on)
- Any updated witness statements
- Claim allowed — declaration, quashing order, mandatory order, prohibiting order, injunction
- Claim dismissed
- Remitted to public body for fresh decision
- Not filing the skeleton argument on time — courts take this very seriously
- Exceeding the skeleton argument page limits without permission
Relief and Remedies
If the judicial review succeeds, the court grants one or more public law remedies: quashing order (certiorari — sets decision aside), mandatory order (mandamus — orders body to act), prohibiting order (prohibition — stops unlawful action), declaration, or injunction. The court may also award costs and, in rare cases, damages.
- Quashing order — decision set aside; body must reconsider
- Mandatory order — body required to take specific action
- Declaration — court declares the legal position
- Damages (only if there is an independent cause of action)
- Assuming a successful JR means the claimant gets what they originally wanted — the body may reach the same decision lawfully on reconsideration
- Not enforcing a mandatory order if the body fails to comply
Official Sources
Related Guides
Frequently asked questions
- What do I need to do before I can start a judicial review?
- Before starting court proceedings, you must send a Pre-Action Protocol letter to the public body. This letter must clearly identify the specific decision being challenged and set out the legal grounds for the challenge. The public body is required to respond within 14 days, or 21 days in planning cases. It is crucial to keep a copy of both the letter and the response for your records.
- How long do I have to file a judicial review claim?
- You must file the claim form (N461) within three months of the decision you are challenging. This deadline is strictly enforced, and courts rarely extend the time limit. For planning cases, the limit is six weeks, and for some immigration cases, it is immediate. Missing this deadline usually means your claim will be rejected.
- What happens at the permission stage of a judicial review?
- The permission stage is a preliminary check where a judge reviews your papers to decide if your case is 'arguable'. If permission is refused on the papers, you can request an oral renewal hearing within seven days. If permission is granted, your case proceeds to a substantive hearing. If refused at the oral hearing, you may seek leave to appeal to the Court of Appeal.
- What can the court order if I win my judicial review?
- If the judicial review succeeds, the court can grant several remedies. These include a quashing order (which sets the decision aside), a mandatory order (requiring the body to act), a prohibiting order (stopping unlawful action), or a declaration of the legal position. The court may also award costs, and in rare cases, damages if there is an independent cause of action.
- How long does a judicial review usually take?
- The entire process typically takes between 12 and 24 months from the pre-action protocol stage to the substantive hearing. The permission stage usually takes 3 to 6 months after the claim is filed. The substantive hearing itself generally lasts 1 to 3 days and occurs 6 to 12 months after permission is granted.