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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2067
Experience:  Expert
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Advice on judicial review, UK, I have just lodged an appeal,

Customer Question

advice on judicial review
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: I have just lodged an appeal , my application for permision for judicial review was refused.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i am wanting to know about the case law for the grounds of review being arguable
Submitted: 12 days ago.
Category: Law
Expert:  MARTINT330 replied 11 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 11 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 11 days ago.

There are three main grounds for judicial review: illegality, procedural unfairness, and irrationality.

  • A decision can be overturned on the ground of illegality if the decision-maker did not have the legal power to make that decision.
  • A decision can be overturned on the ground of procedural unfairness if the process leading up to the decision was improper. For instance, a decision-maker who is supposed to be impartial was biased.
  • A decision can be overturned on the ground of irrationality if it is so unreasonable that no reasonable person, acting reasonably, could have made it. This is a very high bar to get over, and it is rare for the courts to grant judicial review on this basis.

Expert:  MARTINT330 replied 11 days ago.

In addition, a decision can be overturned if a public authority has acted in a way that is incompatible with human rights. There is one exception to this, though: if the public authority is merely doing what parliament told it to do, then it is not acting unlawfully even if it does act incompatibly with one of those rights. Note tha a judge cannot quash or declare unlawful a government decision merely on the basis that the judge would have made a different decision, or that the decision was wrong.

Expert:  MARTINT330 replied 11 days ago.

Is there anything else I can help with today?

Expert:  MARTINT330 replied 9 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.