Judicial Review

Judicial review is the process by which the High Court supervises the exercise of public power, reviewing the lawfulness of decisions, actions, or failures to act by public bodies. Under CPR Part 54, it examines whether a decision was illegal, irrational, or procedurally unfair. It does not reconsider the merits of the decision itself.

In practice

Judicial review claims must be brought promptly and in any event within three months of the decision being challenged. Permission is required and is assessed on the papers in the first instance. Remedies include quashing orders, mandatory orders, prohibiting orders, and declarations. Judicial review may be relevant in enforcement where a public body (such as a local authority or HMCTS) has acted unlawfully in the enforcement process.