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

Frequently asked questions

When should I use judicial review instead of an appeal?

Judicial review is a remedy of last resort. If a statutory right of appeal exists and is open to you, you must use that route first. You can only proceed with judicial review if you have exhausted any internal review route and there is no suitable alternative remedy available to challenge the public body's decision.

How long do I have to start a judicial review claim?

You must act promptly and generally within three months of the decision. However, specific time limits apply to certain areas: six weeks for planning decisions and thirty days for procurement decisions. It is crucial to check the specific deadline relevant to your case to ensure your claim is not time-barred.

What do I need to do before filing the court papers?

Before issuing a formal claim, you must send a pre-action protocol letter to the public body. This letter should include the decision letter, internal review correspondence, a statement of facts and grounds, and a witness statement. The public body has fourteen days to respond to this letter, and many judicial review cases settle at this stage.

What documents are required to apply for permission?

You must file Form N461 with the Administrative Court. This application must include a statement of facts, the grounds for your challenge, a bundle of evidence, and relevant legal authorities. The judge will then consider the application on the papers to decide whether to grant permission, refuse it, or direct an oral renewal.

What happens at the substantive hearing and what can the court order?

If permission is granted, the case proceeds to a substantive hearing before a High Court judge, which typically lasts one to three days. The court can issue various remedies, including quashing the decision, making mandatory or prohibiting orders, issuing declarations or injunctions, or, rarely, awarding damages.