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Judicial Review: Procedure Guide
The next section explains what happens if permission is granted. But
what happens if permission is refused?
If, as is normally the case, permission has been refused without a
court hearing having taken place, we can ask for the court to arrange
a court hearing at which a different judge will have another look
at the case. A request for a court hearing has to be submitted within
seven days.
If a court hearing is requested, the court hearing will take place
within four to eight weeks (unless the case is urgent). We will usually
arrange for a specialist barrister to represent you at the court hearing.
You can go to the court hearing as well, but you will not have to
participate in the hearing.
In simple cases these hearings take only 10 or 20 minutes; in more
complicated cases these hearings may take a whole day.
If the judge at this court hearing grants permission the case will
then proceed in the normal way.
If the judge at this hearing refuses permission, the court case comes
to an end unless the decision to refuse permission is appealed.
It is extremely difficult to succeed with such an appeal. As a result,
appeals against decisions to refuse permission are rare, although
we will always help you with an appeal if it is a strong enough case.
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