We act for individuals, community groups, parish councils, and NGOs in challenging unlawful public decisions – whether made by the Secretary of State, local authorities or other government bodies like the Environment Agency, Marine Management Organisation and Natural England.
Judicial review (and a very similar process known as statutory challenge or statutory appeal) enables the High Court to consider the lawfulness of public decisions and provide an appropriate remedy. The question is whether the decision has been taken lawfully – rationally in accordance with fair procedure and within the powers conferred by Parliament. The courts give great latitude to the judgement of “wise” decision makers and you cannot use the process simply because you disagree with a decision properly taken. However, acting rationally does among other things mean considering all material factors and not considering immaterial ones.
If a decision is found to have been made unlawfully it will usually be “quashed” ie. nullified, so that the decision-maker reconsiders it again in a lawful manner. Sometimes the Court will not grant relief because it considers that the decision would have highly likely been the same even if correct procedures had been followed. However, people usually come to us because something has gone wrong which has made a difference and reconsideration with the same result would be difficult for the decision-maker. Sometimes other remedies are available, including a declaration as to how the law on a particular issue should be interpreted; that something must be done (a so-called “mandatory order”); and where for example there is threat of irreversible damage before the court hearing, grant of an injunction or other “interim relief”.
If you would like an overview of how such claims progress, see our page on the process of judicial review.
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Our lawyers are experts in bringing Judicial Reviews which challenge government decisions relating to planning and/or the environment.
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Example Cases
Challenge to oil drilling expansion plans
Finch (obo Weald Action Group) v Surrey County Council
Supreme Court considers whether EIA covers downstream emissions from fossil fuel projects
Poole active travel ETO suspension quashed
R(Keyhole Bridge User Safety Group) v BCP Council
Court orders re-consultation following challenge to unlawful ending of Experimental Traffic Order.
Beeby Chicken Farm
R (Clemence) v Leicestershire County Council
Successful challenge to permission for intensive chicken farm and anaerobic digester.
Motocross racing CLEUD in AONB quashed
Healey Parish Council v Northumberland County Council
County Council’s grant of Certificate of Lawful Use quashed.
A38 Derby Junctions Development Consent Order
R (Bain) v Secretary of State for Transport
Successful challenge to the A38 Derby Junctions Development Consent Order.
Bristol Downs car parking challenge success
R (Carter) v Bristol City Council & ors
JR challenge to Council’s decision to permit parking on open space.
Former BSE cattle disposal facility challenge
R (Swire) v SoS HCLG
Lack of expert evidence for housing application on former rendering site unlawful.
Little Densole Farm, Kent Downs AONB
R (Steer) v. Shepway District Council
Permission for holiday park in AONB quashed for failure to give reasons.
Waterside Drive Sportshub green belt policy
R (Boot) v Elmbridge Borough Council
Challenge to Waterside Drive Sports Hub for conflict with green belt policy
They are very good at taking on judicial review and challenging decisions. If you have a planning issue, they are the people to represent you.