Judicial review route: pre-action protocol → permission → substantive hearing

When to use this route

A public body has made a decision that is unlawful, irrational, or procedurally unfair, and you have exhausted any internal review route.

When NOT to use this route

If a statutory right of appeal exists and is open to you — use that route first. JR is a remedy of last resort.

Prerequisites

• • Standing (sufficient interest)
• • No suitable alternative remedy
• • Promptly and within 3 months of the decision (6 weeks for planning, 30 days for procurement)

Evidence to gather

• • The decision letter
• • Internal review correspondence
• • Statement of facts and grounds
• • Witness statement

Route map

1. Stage 1

   Pre-action protocol letter

   Send the formal PAP letter to the public body. They have 14 days to respond. Many JRs settle here.

   Within 3 months of the decision (sometimes shorter)
2. Stage 2

   Issue claim

   File Form N461 with statement of facts, grounds, bundle of evidence, and authorities at the Administrative Court.

   N461

   Forum: high court
3. Stage 3

   Permission stage

   Judge considers on the papers. Either grants permission, refuses (with reasons), or directs an oral renewal.
4. Stage 4

   Substantive hearing

   1–3 days, before a High Court judge. Skeletons and authorities required.
5. Stage 5

   Remedy

   Court can quash, prohibit, mandate, declare, injunct, or award damages.
6. Stage 6

   Court of Appeal

   Permission to appeal can be sought from the Court of Appeal Civil Division.

Final remedies

• • Quashing order (decision quashed and remitted)
• • Mandatory order
• • Prohibiting order
• • Declaration
• • Injunction
• • Damages (rare)

Official sources