The Pre –Action Protocol Letter
The very first step in the Judicial Review (JR) process is to write a formal letter to the proposed defendant setting out the basis of your proposed claim and the remedy you are seeking.
Normally, you should receive a response within 14 days but, ultimately, it is your decision on how long you wait for a response as there are strict limits within which you must apply for a JR.
It is, therefore, very important that, even if you have not received a response to the pre-action protocol letter, you issue proceedings before the time limit relevant to the nature of your claim expires.
After the Pre Action Protocol Letter
Applying for Permission
If the response received to the Pre-Action Protocol Letter is unsatisfactory in any way you will have to seek permission from the court to apply for a JR.
The court, in deciding whether or not permission will be granted, will consider whether or not you have a sufficient interest in the matter, an arguable case and if any errors have been made in reaching the decision complained of.
Application for permission involves the completion of a claim form setting out the facts and grounds upon which you rely and the provision of all supporting documents .
These documents must be lodged with the Administrative Court along with the relevant fee.
Once the claim has been issued, you will need to serve the papers on the defendant and on any other interested party.
The defendant must submit the summary grounds of defence which should include reasons why it is considered that the case is not arguable and why permission to proceed to a JR should not be granted.
You will then have an opportunity to respond to those assertions.
The Court will then send the papers to a Judge who will, without a hearing, grant or refuse the application for permission or he may choose refer the matter to open court.
What can I do if Permission is refused?
If permission is refused by the Judge you can apply for a review of that decision in open court and at which hearing the other parties may or may not elect to attend.
At the hearing the Court will decide whether or not to grant permission.
What happens if Permission is granted?
If Permission has been granted, preparation for the hearing of the JR will proceed and the complexity of the preparatory work varies from case to case depending very much on the circumstances.
The Defendant and/or interested parties then submit evidence which, in our experience, often amounts to a considerable volume of material comprising of documents designed to show that proper procedure was followed, that the Defendant acted lawfully and that the decision made was fair and proper.
You as the Claimant at this stage can submit your evidence as well so It is essential that you have all the evidence to undermine the assertions made by the defendant and/or interested parties
The Final Stage | How long will the Court Hearing last?
The final Hearing will normally take place several months after the evidence from all parties has been received .
A few weeks before the the final Hearing, written ‘Skeleton Arguments’, drafted by Counsel for both sides, will be submitted to the court outlining the legal aspects of the case .
The Judge will, in most instances, have read all this material prior to the Hearing , thereby enabling as efficient a hearing as possible.
JR applications tend to be concluded within a day.
If very complex and detailed they will, of course, take longer but Hearings exceeding three days are rare.
Judgement | When will I get a Decision?
The Judgement can be delivered by the Judge:
- orally immediately after the hearing or
- orally a short while after the hearing or
- in writing at a later date.
For Judgements given orally, a transcript can be obtained but you may have to pay a fee.
What are the powers of a Court following a Judicial Review?
The court has a number of powers available including:
- Quashing Order : which undoes or overturns a decision already made.
- Injunction: for example this may require the public body to undertake some act or prevent it from doing something until the end of a case.
- Mandatory Order: which forces a public body do something that the law says it must do.
- Prohibiting Order: which stops a public body from taking an unlawful decision that it is yet to make.
- Damages: in some case damages may be awarded if there is a clear entitlement to compensation.
How can we help? | Kangs Solicitors Judicial Review Solicitors
Kangs Solicitors have the expertise and knowledge to deal with your Judicial Review Application.
As the result of many years of experience dealing with clients who find themselves subject to investigations brought by a range of bodies Kangs Solicitors have established sound working relationships with some of the country’s leading Barristers.
Kangs Solicitors can advise you on the merits of your application for judicial review and can assist you with your application from start to finish.
Kangs Solicitors can:
- advise you on the merits of your application for JR
- assist you with the preparation of your application
- prepare the pre- action protocol letter
- deal with all correspondence
- represent you during your JR Hearing.
As all applications for JR are case specific and, in most cases, bound by very strict time limits, it is important that you seek specialist advice at a very early stage.
Kangs Solicitors Judicial Review Team is at hand to help you .We are passionate about our service and professionalism and can provide you with the right advice that is backed by our many years of experience.
Kangs Solicitors welcomes clients contacting us and we will provide an initial free consultation to discuss your matter with you.
Please contact our Judicial Review Team through any of :