Are you the victim of a previous legal or public decision and want it reviewed? Do you think you can challenge the judgment of the planning authority? If so, you are on the right track and will get positive results for your claim. Read this judicial review planning blog to be successful.
Judicial review is an effective way to request the court to review past decisions about any public function. You can bring a review claim if the earlier action is against the law. The court will look at the previous ruling in light of the decision process before approving your claim.
The primary focus of judicial review planning is to ensure public interest. Mostly, any claim you bring must show your and the benefits of associated people. If you want to know more, we’ll discuss the basic grounds, its need, and the step-wise process. Let’s start with the overview.
What Is Judicial Review? An Overview
Judicial Review (JR) is a legal process in which a person appeals to a court to review a decision made illegally. These decisions are from a public function, including the government or local planning authority. One can challenge the judgments in the high court if they are unlawful.
When the claimant requests a court for review planning, the court looks at the public interest. The court will restart the trial if all the evidence and claims are valid. During the proceedings in a judicial review, the court examines how and under what conditions a decision was made.
In JR, the court does not consider the legal effectiveness of the previous decision. The primary focus is to reconsider the old proceedings and your claims regarding the actions. In the end, the court will make a new decision according to what is best for you and the public.
Basic Grounds For Judicial Review Planning
In simple terms, judicial review is basically an overturning of the decisions previously made by a public body. Depending on the nature of the issue, decisions taken might have affected a person or a group. So, you can challenge a decision taken based on any of these three grounds:
- Any Illegality
The decision is made by an incompetent judge or through bribery against the law.
- Any Injustice
Therefore, the decision is made unjustly, and the judge ignores the rules of justice during judgment.
- Any Irrationality
The decision is made based on irrelevant matters by an unreliable decision-maker.
In short, the court can overturn any decision where human rights are violated. You can claim for a review if you are affected by the listed terms. And yes, if your claims are legally favourable and deserve another look or consideration, the court will accept your request.
Need For Bringing A Judicial Review Claim
Is there a particular condition where it might be wise to bring a judicial review claim in the UK? Yes, there are many conditions when you must apply for a review. That’s because public bodies often make decisions affecting the lives of their citizens. You should bring a claim when:
- A government or public authority makes an unlawful decision
- A previous decision does not support you and your future life
- A decision with immediate effect that needs a review urgently
- A person does not have the right to appeal against a decision
For any of these reasons, you can file a judicial review. A judicial review planning claim can help if the previous decision is illegal or unfair. Upon your claim, the court will order the public body to review its decision. Your claim can be helpful when you want the court to hold the decision.
Judicial Review Step-by-Step Process
You must first fill out a judicial review claim form to engage in the judicial review process. You’ll have to file the form in a local court and wait for approval. As this is a stressful procedure, you should hire an expert solicitor like KQ Solicitors. Now, let’s get into the detailed steps:
1st Step – Pre-Action Protocol
First, you must write a pre-action protocol (PAP) letter to your defence lawyer. This letter outlines your proposed claim. You’ll get a response in two weeks, right after the defendant reviews your claims. Send this letter before the 6-week claim deadline reaches its end.
2nd Step – Apply For Permission
The second step is to apply for permission by filing your claim in court. This step is applicable if the response fails to meet your expectations. You don’t need this step if the response is in your favour. You’ll get permission if your claim is clear to show a legal error in the past hearings.
3rd Step – Post-Permission Review
Once you get permission, it’s time to proceed with your claim and reopen the case with a new trial. You can present your claim with evidence, and your opponent can present their evidence. The high court will revise the judgment by reviewing your claim and evidence.
Judicial Review Claim Time Limit
Judicial review planning claims have a specific duration, and you must apply within this time frame. It would help if you met this deadline to avoid complications in approval. You should bring a claim within 3 weeks of the decision you think is illegal and want to challenge.
However, if you are worried about how long does a judicial review take? So, once you secure permission on your PAP letter, the hearing doesn’t take longer than a day. But this depends on the case complexity and can take more time, from several months to a year.
FAQs
Q: What is Judicial Review Planning Claim?
A: Judicial review planning claims are an appeal process to challenge a local government’s decision on planning applications.
Q: Who can make a judicial review planning claim?
A: Anyone with sufficient interest in the outcome of a planning decision can make a judicial review planning claim, including the applicant, local residents, and pressure groups.
Q: What criteria must be met for a judicial review planning claim?
A: The claim must satisfy the grounds of judicial review, which includes that the decision was unlawful, unreasonable or procedurally flawed.
Q: How long does it take for a judicial review planning claim to be processed?
A: It typically takes 6-12 months for a judicial review planning claim to be processed.
Q: Are there any other options besides judicial review planning claims?
A: There are other options, such as mediation and appeals. However, judicial review planning claims are the most reliable option.
Judicial Review Application Stats 2021
Conclusion
Well! That’s all about judicial review planning claims in the UK. A judicial claim helps you appeal a decision made by a public body in an illegal, unfair, or irrational manner. This legal action can be beneficial if the previous judgment was against human rights and social benefits.
If you have plans to apply for judicial review on a past hearing, look at your winning chances. An expert solicitor, like KQ Solicitors, can guide you if you should bring a claim or not. So, decide wisely before you get into the judicial review claim process and invest your time and money.
