Judicial Review

Judicial review is a means by which the court can scrutinise the decisions and actions of public officials. Decision‑makers are required to act fairly in reaching their decisions, and they must do so in accordance with the law. Where, for example, they introduce a policy that they are not empowered to introduce, their decision is said to be ultra vires (outside their powers). Another ground for challenge might be that their decision or action is unreasonable (this having a limited legal meaning rather than unreasonable in the sense that a member of the public might think of it).

While traditionally judicial review has been used in the public sector, increasingly it has become available to challenge decisions made by or actions taken by private associations, such as clubs and incorporated societies.

If you are a decision‑maker in the public sector or in an association, Brookfields' litigation and public law sector lawyers can help you ensure that your decisions are robust by examining your procedures, your consultation methods, and the scope of your powers. If you want to challenge a decision that has affected you or your business, we can take you through any statutory appeal processes that may be available or look at other means of redressing the situation.

Brookfields has participated in numerous judicial review hearings in the High Court and in appeals through the Court of Appeal to the Supreme Court. Our pedigree in this type of proceeding includes successful appearances before the Privy Council. One of the very first successful appeals on a judicial review before the (then) newly created Supreme Court involved Brookfields' litigation and resource management lawyers. We are highly experienced and efficient at managing the judicial review process.

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