Judicial Review

In some cases, the only way to challenge a decision is through a Judicial Review.  Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.  

Judicial reviews are concerned with how the decision has been made, rather than the rights and wrongs of the conclusion reached. A successful judicial review often means that the unlawful decision is set aside and the Home Office is required to make a fresh decision.

The Public Law Project has published a helpful guide to Judicial Review which you can see here

Because of the costs implications and the nature of the process, it is important to get clear and realistic legal advice before embarking on a Judicial Review.  If you lose your case, not only will you usually be liable to pay the other side’s legal costs but, if you are unable to pay, you may incur a ‘litigation debt’ which will affect future applications for permission to remain in the UK. 

Our team has extensive experience in conducting Judicial Reviews and other litigation in a wide range of matters from Tier 1 entrepreneur cases through to challenging conditions of leave, rights of appeal, and refusal of fresh claims.  We have also had successes in challenging negative Zambrano decisions and other areas of EU law by Judicial Review.

The range of our higher court work can be seen in our notable cases.

Judicial Reviews can be expensive. We will assess at the outset whether you are eligible for Legal Aid funding and, if not, will discuss a range of options for funding your case privately, including the possibility of a ‘discounted fee agreement’.