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Judicial Review: Procedure Guide
We will prepare witness statements explaining the background to the
case and highlighting relevant documents. We will also ask a specialist
barrister to prepare a document called a ‘Claim Form’,
which will set out the legal arguments.
Once these documents have been checked and signed they are submitted
to your nearest Administrative Court. There are Administrative Courts
in London, Birmingham, Cardiff, Leeds and Manchester. Administrative
Courts are special courts set up specifically to deal with judicial
review cases.
The documents we submit to the court are also sent to the opponent
and anyone else who is directly affected by the case. The opponent
is then given 21 days to confirm whether the claim is opposed and,
if so, to provide a summary of their reasons for opposing the claim.
The opponent will provide this information in a document called an
‘Acknowledgment of Service’.
The opponent’s Acknowledgment of Service is sent to the court
and to us. When we receive it we provide you with a copy. If we think
there is something misleading or inaccurate in the opponent’s
summary we will tell the court.
The case papers are then referred to a judge. In a non urgent case
this normally takes four to eight weeks. The judge will read the key
documents. The judge will then decide if the case is arguable (i.e.
whether it has realistic prospect of success).
If a judge decides that the case is arguable he or she will grant
‘permission’. If permission is granted, the case will
be allowed to continue. For details of what happens next see section
5 of this guide.
For details of what happens if permission is refused see section
4 of this guide.
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