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