Judicial Review

Judicial Review in the UK: Overview and Key Details

Judicial review is a legal process in the UK where courts review the lawfulness of decisions or actions taken by public bodies. It ensures that public authorities act within their legal powers and follow the correct procedures. Judicial review is an important mechanism for holding public authorities accountable and protecting individual rights.

Key Features of Judicial Review

Purpose:

• To review the legality, reasonableness, and procedural fairness of decisions or actions by public bodies.
• Judicial review generally focuses on the lawfulness of the decision-making process rather than reconsidering the merits or replacing the decision with the court’s own view.

Grounds for Judicial Review:

• Illegality: The decision-maker acted outside their legal powers or applied the law incorrectly.
• Procedural Unfairness: The decision-making process was unfair, biased, or failed to follow a required procedure.
• Irrationality: The decision was so unreasonable that it falls outside the range of decisions that a reasonable decision-maker could have made.

Who Can Apply:

• Individuals or organisations affected by the decision or action of a public body.
• The claimant must generally have a “sufficient interest” in the matter to bring a judicial review claim.

Time Limits:

A judicial review claim must be brought promptly and, in any event, generally within 3 months from when the grounds for the claim first arose. However, certain types of claims have shorter statutory time limits. For example:

• Planning judicial reviews: Certain planning claims must be filed within 6 weeks.
• Procurement judicial reviews: Certain procurement claims must be filed within 30 days.

These shorter deadlines are important and may apply depending on the nature of the case.

Procedure:

• Pre-Action Protocol: Before applying to the court, the claimant will generally send a pre-action letter to the public body explaining the issue and giving it an opportunity to respond.
• Permission Stage: The claimant must obtain permission from the court to proceed with the judicial review. The court considers whether there is an arguable case with a realistic prospect of success.
• Full Hearing: If permission is granted, the claim proceeds to a substantive hearing where the court considers the legal arguments and decides whether the decision or action was lawful.

Possible Outcomes

If a judicial review claim succeeds, the court may grant one or more remedies, depending on the circumstances:

• Quashing Order: The unlawful decision is quashed, requiring the public body to reconsider the matter where appropriate.
• Prohibiting Order: Prevents a public body or decision-maker from taking an unlawful action.
• Mandatory Order: Requires a public body to perform a legal duty.
• Declaration: Clarifies the legal position or rights of the parties.
• Injunction: May prevent or require a particular action by a public body.
• Suspended Quashing Order: The court may delay the effect of a quashing order until a specified date or subject to specified conditions.
• Prospective or Limited-Effect Quashing Order: The court may limit the retrospective effect of a quashing order, allowing an unlawful decision or act to be treated as valid for certain past purposes.
• Damages: Compensation may be available in some cases where there is a separate legal basis for awarding damages, although damages are not the primary purpose of judicial review.

Latest Updates and Developments

Judicial Review Reforms:

The Judicial Review and Courts Act 2022 introduced greater flexibility in the remedies available to courts, particularly through suspended and limited-effect quashing orders. These powers allow courts to tailor the effect of a successful judicial review to the circumstances of the case.

Planning and Infrastructure Reforms:

The Planning and Infrastructure Act 2025 introduced reforms affecting judicial review of certain nationally significant infrastructure projects. These measures are intended to reduce delays caused by weak or repeated legal challenges and help major infrastructure projects progress more efficiently. Further implementation and related reforms are continuing in 2026.

Digitalisation:

The use of digital systems for filing, case management, and hearings continues to support the administration of judicial review proceedings.

Case Law:

Judicial review principles continue to develop through decisions of the courts. Each case is considered according to its particular facts, the relevant legislation, and the applicable public law principles.

Written on: 28 August 2026