Applying for Judicial Review
How to challenge a decision of a public body through judicial review in the Administrative Court.
Przegląd
Judicial review is the process by which the High Court (Administrative Court) supervises the exercise of public power. It allows individuals to challenge decisions of public bodies (government departments, local authorities, tribunals, regulators) on the grounds that the decision was illegal, irrational, or procedurally unfair. Judicial review is a remedy of last resort — you must normally exhaust alternative remedies first.
Kto może skorzystać z tego procesu
- You are challenging a decision of a public body exercising a public function
- You have sufficient interest (standing) in the matter
- You have exhausted alternative remedies (appeals, complaints processes)
- You are within the time limit (promptly and in any event within 3 months)
Proces krok po kroku
Send a pre-action protocol letter
Before issuing proceedings, you must follow the Pre-Action Protocol for Judicial Review. Send a letter before claim to the defendant setting out the decision challenged, why it is unlawful, and the remedy sought. Allow 14 days for response.
- Use the standard template in the Pre-Action Protocol
- Be specific about the legal grounds
- Clearly identify the decision and decision-maker
Apply for permission (N461 form)
File a claim form (N461) at the Administrative Court with supporting evidence (statement of facts and grounds, witness statements, relevant documents). You must apply promptly and in any event within 3 months of the decision.
- The 3-month time limit is a maximum — apply as promptly as possible
- Planning and procurement cases have shorter time limits (6 weeks)
- Include a costs schedule
Permission stage
A judge considers the application on paper and decides whether the claim is arguable. If permission is refused on paper, you can request an oral renewal hearing. If permission is granted, the case proceeds to a full hearing.
- Around 60% of applications are refused permission on paper
- Oral renewal gives a second chance if refused on paper
- The defendant and interested parties are served after permission is granted
Full hearing
At the full hearing, the court considers the substantive merits. The court can grant remedies including quashing orders, mandatory orders, prohibiting orders, declarations, and injunctions. The court may also award damages in limited circumstances.
- Hearings are typically half a day to 2 days
- The court reviews legality, not the merits of the decision
- Remedies are discretionary — the court may refuse relief even if the claim succeeds
Costs and appeal
The losing party normally pays the winning party's costs. Protective costs orders (now costs capping orders) may be available in public interest cases. Appeals go to the Court of Appeal with permission.
- Consider applying for a costs capping order at the outset
- Legal aid is available for judicial review in many areas
- Aarhus Convention costs limits apply in environmental cases
Koszty
Ważne ostrzeżenia
The 3-month time limit is strict and runs from the date of the decision, not the date you became aware of it.
Judicial review is a remedy of last resort — failure to use alternative remedies may result in refusal of permission.
Costs risk is significant — the loser normally pays the winner's costs unless a costs capping order is in place.