Pre-Action Protocol Letter — Judicial Review
A formal pre-action protocol letter for judicial review proceedings, notifying a public body of the proposed claim and inviting a response before proceedings are issued.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this letter before applying for judicial review of a decision by a public body (such as a local authority, government department, NHS body, or tribunal). The Pre-Action Protocol for Judicial Review requires claimants to send a Letter Before Claim in a prescribed format, giving the defendant at least 14 days to respond (three months for certain categories of claim). Failure to comply may result in adverse costs consequences.
When NOT to use this template
Do not use this letter if the time limit for bringing judicial review is imminent — act promptly and seek urgent legal advice. Judicial review has a strict limitation period (generally three months from the date of the challenged decision under CPR r.54.5). This template is not appropriate for statutory appeals, where different procedures apply. Legal aid may be available for judicial review and you should consider this before proceeding as a litigant in person.
Legal Basis
Civil Procedure Rules Part 54 (judicial review); Pre-Action Protocol for Judicial Review; Senior Courts Act 1981 s.31; judicial review is an administrative law remedy to challenge the lawfulness of decisions, actions, or failures to act by public bodies on grounds of illegality, irrationality, or procedural impropriety (Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374).
Before you send
- Waiting too long — the three-month time limit runs from the date of the decision, and courts rarely grant extensions
- Not identifying clearly whether the claim is based on illegality, irrationality, or procedural impropriety (or a combination)
- Sending the letter to the wrong address — use the Head of Legal Services of the specific decision-making body
Common Mistakes to Avoid
- ✗Waiting too long — the three-month time limit runs from the date of the decision, and courts rarely grant extensions
- ✗Not identifying clearly whether the claim is based on illegality, irrationality, or procedural impropriety (or a combination)
- ✗Sending the letter to the wrong address — use the Head of Legal Services of the specific decision-making body
- ✗Omitting to state the remedy sought — judicial review remedies include quashing orders, mandatory orders, prohibiting orders, and declarations
- ✗Failing to request the decision-making body's file — this is expressly contemplated by the Protocol
Build Your Letter
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Letter preview
[YOUR FULL NAME] [YOUR ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] Head of Legal Services [NAME OF PUBLIC BODY (PROPOSED DEFENDANT)] [DEFENDANT'S ADDRESS] --- Dear Sir or Madam, **PRE-ACTION PROTOCOL LETTER — JUDICIAL REVIEW** **Proposed Defendant: [NAME OF PUBLIC BODY (PROPOSED DEFENDANT)]** **Date of Decision Challenged: [DATE OF THE DECISION BEING CHALLENGED]** We write in accordance with the Pre-Action Protocol for Judicial Review (Civil Procedure Rules). This letter constitutes formal notification of the Claimant's intention to apply for judicial review if this matter is not resolved. **The Claimant** The Claimant is [YOUR FULL NAME], of [YOUR ADDRESS]. [RELEVANT BACKGROUND ABOUT YOU AS CLAIMANT] **The Decision Challenged** On [DATE OF THE DECISION BEING CHALLENGED], [NAME OF PUBLIC BODY (PROPOSED DEFENDANT)] made the following decision / took the following action / failed to act as follows: [DESCRIPTION OF THE DECISION / ACTION / OMISSION] The Claimant was notified of this decision on [DATE YOU WERE NOTIFIED OF THE DECISION] by [HOW YOU WERE NOTIFIED]. **The Claimant's Proposed Grounds of Review** The Claimant contends that the decision / action / omission is unlawful on the following grounds: **Ground 1 — [FIRST GROUND OF REVIEW]** [DETAILS OF FIRST GROUND] **Ground 2 — [SECOND GROUND OF REVIEW (IF APPLICABLE)]** [DETAILS OF SECOND GROUND] **The Remedy Sought** The Claimant seeks the following relief: 1. [PRIMARY REMEDY SOUGHT] (e.g. A quashing order setting aside the decision dated [DATE OF THE DECISION BEING CHALLENGED]); 2. [SECONDARY REMEDY SOUGHT] (e.g. A mandatory order requiring [NAME OF PUBLIC BODY (PROPOSED DEFENDANT)] to reconsider the Claimant's application and reach a decision within 28 days); 3. A declaration that [DECLARATION SOUGHT (IF ANY)]; 4. Costs. **Request for Information and Documents** In accordance with the Protocol, the Claimant requests that you provide within the response: (a) Copies of all documents relating to the decision, including the decision-maker's reasoning, any relevant policies applied, and any representations received. (b) Confirmation of whether the Defendant intends to oppose judicial review proceedings if issued. **Response Required** The Claimant requires a response to this letter within **14 days** of the date of service (by [RESPONSE DEADLINE (14 DAYS FROM TODAY)]). If you require additional time, please notify the Claimant promptly with reasons. If a satisfactory response is not received, the Claimant will proceed to file a claim for judicial review in the Administrative Court without further notice. Yours faithfully, [YOUR FULL NAME]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.