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.