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Judicial Review: Advisers' Checklist
This is the area where specialist advice is most likely to be needed
to help identify when a judicial review claim may be possible. But
as a starting point, there are three basic rules.
First, public authorities must comply with the law. So if a public
authority exceeds the powers it has been given or does not comply
with a legal duty to act in a particular way it will be acting unlawfully.
Second, public authorities must act fairly. So, for example, they
have to be impartial, they should not discriminate, they have to let
people make representations, they have to provide good reasons for
their decisions, they have to act consistently, and they must not
ignore relevant policies and guidance.
Third, public authorities must not act illogically or irrationally.
For example, if a public authority reaches a conclusion which defies
common-sense then the public authority is likely to have acted unlawfully.
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