A Judicial Review is a legal challenge based on a decision made by a public body which is unlawful and or irrational. The judicial review process allows individuals, businesses, and other groups to challenge the lawfulness of decisions made by Ministers, Government Departments, local authorities and other public bodies.
There are specific grounds of review depending on each individual case but the main grounds of review are that the decision maker has:
- acted outside the scope of their statutory powers
- made a decision using an unfair procedure
- or that the decision was an unreasonable one
It is also important to note that the Human Rights Act 1998 created an additional ground, which makes it unlawful for public bodies to act in a way incompatible with the European Convention of Human Rights.
Richard Webster has brought a number of judicial reviews in several important cases which have led to successful results in the social and healthcare sector, as well as in other business and public sectors.
Sister company Aston Brooke won a landmark decision against the Home Secretary’s decision to impose interim limits or “caps” on immigration in December 2010. The High Court declared that the interim limits set by the Secretary of State were unlawful.