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Judicial Review: Advisers' Checklist
Judicial review is often described as a remedy of last resort –
meaning, for example, that any internal review or appeal or complaints
procedure should be used before using judicial review.
However, this rule does not apply where the alternative procedure
will be ineffective; for example because it is too slow or because
it is unlikely to result in the outcome you want.
In addition, even in cases where an alternative procedure is used
it may still be helpful to get specialist advice at an early stage:
for example, advice about the points you should raise during the review
or appeal or complaints process. Doing so will tend to make it easier
to resolve the dispute using judicial review at a later stage; i.e.
if the review or appeal or complaints procedure does not work.
The same applies to what lawyers call Alternative Dispute Resolution
or ADR. The most common type of ADR is mediation, which can sometimes
resolve disputes cheaply and effectively. However it can also be ineffective
and frustrating and simply slow things down. As a result, obtaining
specialist advice about whether to use ADR instead of judicial review
is also very important.
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