Judicial review Definition

GLOSSARY

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What does Judicial review mean?

Judicial review is the English administrative law practice of the courts reviewing the exercise of powers by public bodies in terms of their effect on an individual.

An individual who feels that the exercise of power by a public body, such as a council, local government or arm of national government, is in some way unlawful, may make an application to court to have the decision resulting from the exercise of power set aside, or quashed. The English law doctrine or parliamentary sovereignty means that Acts of Parliament cannot be judicially reviewed per se, however there are special rules covering the circumstances when an Act of Parliament is not consistent with European or human rights law.

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Judicial review is the English administrative law practice of the courts reviewing the exercise of powers by public bodies in terms of their effect on an individual.

An individual who feels that the exercise of power by a public body, such as a council, local government or arm of national government, is in some way unlawful, may make an application to

View the related checklists about Judicial review

Practical steps following a decision in tax matters—checklist

Practical steps following a decision in tax matters—checklist This Checklist has been written by Anne Redston, Barrister. It is her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. The receipt of an HMRC decision normally starts the clock ticking for appealing to the First-tier Tax Tribunal (FTT). This Checklist may be useful to prevent you overlooking important points at that critical juncture. It considers: • whether you have an appealable decision • the time limits for: ◦ making an appeal, or ◦ accepting or requesting a review of a decision • the HMRC review process and time limits following such a review • some practical points to consider when making an appeal, including the merits of the case and the costs and privacy implications of an appeal, and • the procedural requirements when appealing to the FTT This Checklist is only a summary and does not cover all situations. You may need to take further advice in relation to your client’s...

Practical steps for dealing with a revenue determination for direct tax purposes—checklist

Practical steps for dealing with a revenue determination for direct tax purposes—checklist A revenue determination in relation to direct tax is issued by HMRC where a taxpayer fails to file a tax return in response to a notice requiring the taxpayer to file a return. Receiving a revenue determination (unless it was issued by HMRC in error) represents a significant failure by a taxpayer to deal with their tax affairs. A revenue determination should be dealt with promptly and a taxpayer may wish to engage an adviser to help. For more information on the consequences of a revenue determination in respect of direct taxes and the ways in which to displace it, see Practice Note: What is a revenue determination for direct tax purposes? This Checklist sets out some practical steps on what to consider and how to proceed once a taxpayer has received a revenue determination from HMRC. Determinations in respect of stamp duty land tax (SDLT) are outside the scope of this Checklist. Unlike revenue determinations relating to...

Legal system for civil tax appeals in England and Wales—flowchart

Legal system for civil tax appeals in England and Wales—flowchart This Flowchart outlines the legal system applicable to civil tax appeal cases in England and Wales. It illustrates how, in relation to appealable decisions made by HMRC (ie those HMRC decisions in respect of which there is a statutory right of appeal), a taxpayer normally appeals to the First-tier Tribunal (Tax Chamber) (FTT (Tax)) and how such tax appeals may proceed from the FTT (Tax) to the Upper Tribunal (Tax and Chancery Chamber) (UT (Tax)), then to the Court of Appeal and finally to the UK Supreme Court. It also illustrates the ability for certain appeals in relation to decisions of the UT (Tax) to bypass the Court of Appeal and be leapfrogged directly to the UK Supreme Court. This Flowchart refers

Civil court structure in Scotland—flowchart

Civil court structure in Scotland—flowchart This Flowchart provides a simple diagrammatic illustration of the civil court structure in Scotland. It should be read in conjunction with the Practice Note: Civil court structure in Scotland, which provides further detail on the role of each court, how they are constituted, their jurisdiction, procedural rules and routes of appeal. Note: the illustration provides for the standard civil action structure and so does not include, for example,

An introduction to the Human Rights Act 1998

Convention rightsThe Human Rights Act 1998 (HRA 1998) came into force in October 2000 and aims to give effect to the rights contained in the European Convention on Human Rights (ECHR) (the Convention rights). The ECHR is an international binding treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it only became binding in UK law with the introduction of the HRA 1998.In particular, the HRA 1998 provides:•a remedy in the UK courts for breach of a Convention right without the need for the claimant party to seek redress in the European Court of Human Rights in Strasbourg•that it is unlawful for a public authority (including a court or tribunal) to act in a way which is incompatible with a Convention right•that primary legislation and subordinate legislation must be interpreted in a way which is compatible with the Convention rights•the UK courts with the power to make a declaration of 'incompatibility', if satisfied that a provision of primary legislation is...

Local housing companies

Local housing companies Housing delivery Over a number of years the term local housing company (LHC) has had various meanings in the context of housing delivery vehicles. It was first used post Housing Act 1996 in the context of large scale voluntary transfer of urban estates to a company which had equal representation of the local housing authority (LHA), tenant and independent members and often attracted Government subsidy for example, from the then Estates Regeneration Challenge Fund (ERCF). See Practice Note: Housing stock transfer. The term LHC appeared again in the Housing Green Paper, 'Homes for the future: more affordable, more sustainable', in July 2007. The model on this occasion as envisaged by English Partnerships (subsequently the Homes and Communities Agency and now Homes England), involved a 50:50 long-term corporate joint venture between the LHA and a private sector partner established to develop local authority land. The term LHC today is used to describe independent arms-length commercial organisations wholly or partly owned by LHAs which develop, buy...

Discover our 1204 Practice Notes on Judicial review

Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

Overage deed (long form—percentage of amount by which development receipts exceed a series of thresholds)

Overage deed (long form—percentage of amount by which development receipts exceed a series of thresholds) Date: [insert formal date of deed DD-month-YYYY] Parties 1 [insert name of seller ][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Seller); and 2 [insert name of buyer ][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Buyer). Recitals (A) [By a sale and purchase agreement (the 'Contract') dated [insert date] the Seller agreed to sell the Property to the Buyer.] (B) By a transfer dated [on the date of this deed OR [insert date in its full format DD-month-YYYY]] the Seller transferred the Property to the Buyer. (C) This deed is supplemental to [both the Contract and] the Transfer. 1 Definitions In this Deed, the following definitions apply: Acceptable Planning Permission • Planning Permission which is...

Dive into our 18 Precedents related to Judicial review

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time?

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time? Criminal Procedure Rule (CrimPR), SI 2020/759, r 34.2 is entitled ‘Service of appeal and respondent’s notices’. CrimPR, SI 2020/759, r 34.2(5) provides as follows: 'Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal— (a) the respondent must serve a respondent's notice on— (i) the Crown Court officer; and (ii) the appellant; and (b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.' The clear inference is accordingly that, where the respondent intends to contest an appeal to the Crown Court, they are required to file a Respondent’s Notice...

What are the limits on the prosecution’s ability to rectify errors in setting the notification requirements under the Sexual Offences Act 2003 following a conviction of a listed offence?

What are the limits on the prosecution’s ability to rectify errors in setting the notification requirements under the Sexual Offences Act 2003 following a conviction of a listed offence? Notification requirements The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage the risks posed by sex offenders living in the community. The scheme only applies to certain categories of offenders and is commonly referred to as the sex offenders' register, although there is no register as such. For further guidance, see Practice Note: Notification requirements under the Sexual Offences Act 2003 and Home Office Guidance: Part 2 of the Sexual Offences Act 2003. The notification requirements do not form part of the sentence of the court but are a statutory consequence of the sentence (see R (on the application of Minter) v Chief Constable of Hampshire Constabulary). Notification periods The notification period depends on the sentence imposed for the relevant offence. Notification periods...

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Government and Chris Packham reach legal settlement

Leigh Day has reported that TV presenter and naturalist, Chris Packham, has settled a legal case with the government over its decision to cancel several environmental policies. Packham challenged the UK Government's move to drop key policies from the UK's Carbon Budget Delivery Plan (CBDP), including the transition to petrol and diesel-free cars and vans by 2030 and the phasing out of new and replacement gas boilers by 2035. Packham was granted permission to bring a judicial review in March 2024, and further grounds were added to the claim in June 2024. The government conceded that its plan, which included a 10% shortfall in quantified emissions savings, was insufficient to meet the UK's carbon budgets. As a result of the confirmation from the government that it would stop the abandonment of green policies and concede on the Section 13 grounds, Packham has agreed to withdraw his judicial review, which was set to be heard in November 2024.

Supreme Court deems ‘necessity’ applicable to IA 2005, s 13(1) and period of suspension (In the matter of an application by JR222 for Judicial Review (Northern Ireland))

The Supreme Court has unanimously dismissed the appeal, holding that ’necessity’ applies to both the purposes in section 13(1)(a) and (b) of the Inquiries Act 2005 (IA 2005) and to the period of suspension. Piers Doggart, Legal Director at Eversheds Sutherland discusses the implications of the judgment.

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