Judicial Review Journey (Administrative Court)
Challenging a public body's decision: pre-action protocol, permission application, substantive hearing, remedies and appeal.
Who Uses This Journey
Anyone with sufficient interest (standing) to challenge an unlawful, irrational, or procedurally unfair decision of a public body. Strict 3-month limitation; promptness is essential.
Stage-by-Stage Timeline
Identify the decision and grounds
Identify the specific public body decision being challenged and the ground(s): illegality, irrationality (Wednesbury), procedural unfairness, proportionality (where ECHR/EU-derived rights engaged), legitimate expectation, breach of PSED.
Pre-action protocol letter
Send the formal Pre-Action Protocol for Judicial Review letter to the public body. They have 14 days to respond. Most JRs settle here once the public body realises their position is weak.
- Skipping PAP — court may refuse permission or order costs against the claimant
Issue claim
File the claim form (Form N461) with statement of facts, grounds, supporting evidence, and bundle of authorities, at the Administrative Court.
Permission stage
Judge considers on the papers whether the claim is arguable. Either grants permission, refuses (with reasons), or directs an oral renewal.
Substantive hearing
If permission granted, the substantive hearing — usually 1–3 days — follows on a rolled-up basis or a separate listed hearing. Skeleton arguments and authorities bundles required.
Judgment and remedy
Court can grant: quashing order (quashes the decision), prohibiting order, mandatory order, declaration, injunction, damages. Costs follow the event.
- Decision quashed and sent back for redetermination
- Declaration
- Mandatory order
- Refused — appeal to Court of Appeal with permission
Official Sources
Frequently asked questions
- How long does a judicial review claim usually take?
- Most judicial review claims take between six and eighteen months to complete. However, if the case is urgent, the process can be significantly faster, potentially resolving in just a few days. The timeline depends on the complexity of the issues and the court's listing schedule.
- What is the deadline for starting a judicial review?
- You must apply for permission to bring a judicial review claim promptly and, in any event, within three months of the decision you are challenging. There are different limitation periods for planning and procurement cases. Failing to meet these deadlines can result in your claim being struck out.
- What is the Pre-Action Protocol for judicial review?
- Before filing a claim, you must send a formal Pre-Action Protocol letter to the public body. They have 14 days to respond. Many cases settle at this stage if the public body recognises their position is weak. Skipping this step may lead the court to refuse permission or order you to pay the other side's costs.
- What can the court order if I win a judicial review?
- The court can grant several remedies, including a quashing order to cancel the decision, a prohibiting order, a mandatory order, a declaration, or an injunction. In some cases, damages may also be awarded. Costs generally follow the event, meaning the losing party usually pays the winning party's legal costs.
- Who can bring a judicial review claim?
- To bring a claim, you must have sufficient interest, known as standing, in the matter. You can challenge decisions that are unlawful, irrational, procedurally unfair, or disproportionate where human rights are engaged. You must also identify specific grounds, such as illegality or breach of the Public Sector Equality Duty.
- What happens if my judicial review claim is refused?
- If your application for permission is refused, you have seven days to seek an oral renewal before a judge. If the substantive claim is refused, you may appeal to the Court of Appeal, but you must first obtain permission to appeal.