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Judicial Review: Advisers' Checklist
The starting point is that a judicial review case should be begun
as soon as possible and in any event no later than three months after
the relevant decision was taken or the relevant policy came into effect.
As a result, judicial review should be considered – and appropriate
advice should be obtained - as soon as concerns arise about how a
public authority is acting or may be about to act. The longer you
delay, the less likely the court is to decide the case in your favour,
even if the case is started within three months.
This is important because public authorities’ decision-making
is rarely a one-off event. For example: there may be an initial proposal,
then a consultation, then a decision, then a review process, then
a final review decision. In this example judicial review should be
considered at the beginning of this process, when the decision or
policy is still at a formative stage, rather than at the end.
Where judicial review is not considered until more than three months
after a decision has been reached or a policy or law has come into
effect judicial review will be more difficult, but not necessarily
impossible – provided advisers act quickly as soon as they become
aware of the problem and seek specialist advice immediately.
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