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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
You can seek a Judicial Review once you have exhausted all complaints process
Even then there is a pre action protocol to follow which can be found here:
You might do well getting a Solicitor to deal with proceedings are there are Court rules to follow.
In short a High Court Judge will look at the decision and see whether it is legal and reasonable.
A Judge can then either agree with the decision or remit it back for further consideration
You will need a Solicitor and a Barrister for the hearing.
But if you win, you can ask the Judge for costs.
If you lose, you would not only have to pay your own costs, but those of the Council
Can I clarify anything for you about this today please?
Thanks. You confirm that we would be responsible for the Council's costs, which are likely to be 10 times our own and could be any amount. The proposal was to establish a guarantee company to be the body to request the judicial review and fund it with the amount we have at our disposal. This would be at least adequate to meet our own cost which would have been defrayed by the time a decision is made. What we wanted to ensure is that only the funds within the company would be at risk in meeting the Council's nebulous costs if we lose. Our funds will easily meet our own costs but the Council's could be any amount and we could all lose our homes if we are liable as subscribers beyond the limit of our guarantees - hence the question - Is there any way we can go forward with our request for a judicial review safe in the knowledge that we will be responsible only for our own costs? Many thanks
Thanks Alex, unfortunately you have confirmed our fears to be well founded. Your advice is crystal clear, many thanks.