What is a judicial review?

Judicial review is a legal process in which courts evaluate the actions or decisions of public bodies to ensure they comply with the law. It ensures that decisions are made within the legal framework and adhere to principles of legality, rationality, and fairness. The primary grounds for judicial review are:

• Illegality: Ensuring public bodies do not act beyond their legal authority.
• Irrationality: Preventing decisions that are unreasonable to the extent that no reasonable authority would make them.
• Procedural Impropriety: Ensuring proper procedures are followed, including fair processes and adherence to statutory requirements.

Judicial review does not reassess the merits of a decision but focuses on whether the decision-making process was lawful. It provides a mechanism for individuals and organisations to challenge decisions that affect them, promoting accountability and transparency within public administration.

The Administrative Court, which is a component of the High Court, handles cases related to judicial reviews, statutory appeals, and extradition matters.

Pursuing a judicial review can be an expensive endeavour, encompassing various costs that potential claimants must consider. These costs can include court fees, legal representation fees, and other related expenses.

Costs lawyers play a crucial role in managing and mitigating the financial aspects of judicial review, ensuring that clients are well-informed and that costs are handled in a fair and efficient manner. Their expertise is essential in navigating the complex landscape of legal costs, providing clients with the support needed to pursue judicial review with confidence.

At Greener Costs our team of costs lawyers and costs draftsman are highly skilled and have worked on a range of judicial review costs cases. If you would like more information on claims for judicial review then please do not hesitate to get in touch with us today.

Judicial review application process

CPR 54 outlines the procedures and requirements for seeking permission to proceed with a claim for judicial review. It includes rules regarding the filing of claim forms, detailed grounds for contesting the claim, and the necessary documents for taking part in the judicial review process.

Pre-Action Protocol: Before filing a claim, a pre-action letter (letter before claim) to the public body involved must be served, outlining your grievance and seeking a resolution. This step encourages resolution without court intervention.

Time Limits: You must ensure your application is filed promptly. Generally, you must apply within three months of the decision or action you are challenging.

Permission Stage: File an application for permission to proceed with judicial review. This involves completing the judicial review claim form (Form N461). A detailed statement of facts, grounds for the review, and supporting evidence must be served with the claim form. The court must be satisfied that the case has reasonable prospects of success.

Submit Documents: File your application at the Administrative Court. Include the claim form, statement of facts, grounds for the review, evidence, and copies of the pre-action letter and response (if any). It must be served on the Defendant and any interested parties within seven days after the date of issue​​.

Any person served with the claim form, must file an acknowledgment of service within 21 days after service using the relevant practice form. If the person filing it intends to contest the claim, they should provide a summary of grounds for contesting the claim.

Permission Hearing: The court will review your application and decide whether to grant permission for a full hearing. If permission is granted, your case proceeds to the substantive hearing. If denied, you may request an oral hearing to argue your case.

Substantive Hearing: If permission is granted, prepare for the full hearing, where both parties present their arguments, and the court makes a final decision.

Costs of Judicial Review: What can be recovered?

In a judicial review, the costs that can potentially be recovered include:

Legal Fees: This includes the fees paid to solicitors and barristers for preparing and presenting the case. It covers both pre-trial work and the actual representation in court.

Court Fees: The costs associated with filing the application for judicial review and any other necessary court submissions.

Disbursements: These are additional expenses incurred during the preparation and presentation of the case, such as:

• Expert Witness Fees: If experts are needed to provide testimony or reports relevant to the case.
• Administrative Costs: Costs for copying documents, postage, and other necessary administrative expenses.
• Travel and Accommodation: If the legal team or witnesses need to travel for the court hearings.

Interim Costs: If there are any interim applications or hearings, the costs associated with these may also be recoverable.

The court has discretion in awarding cost orders, and typically, the losing party is ordered to pay the winning party’s costs. However, the amount recoverable is subject to the court’s assessment and may not cover all costs incurred. 

In the event the court refuses permission on a case, the Claimant needs to be aware that the Defendant may seek their costs of completing the Acknowledgment of Service and defending the proceedings.

Why choose Greener Costs?

Our costs draftsmen are highly experienced in judicial review proceedings and can assist in the event inter-partes costs are awarded; we can assist in the recovery of your costs of Judicial Review from the Paying Party.

Legal aid is available for many judicial review cases to facilitate fair access to justice and we can assist in the quantification and recovery of your costs if the matter was funded by legal aid.

We are a team of specialist costs draftsmen and costs lawyers who have particular expertise in recovering costs in judicial review matters, and we can assist in the quantification of your costs and preparation of any Bill of Costs for assessment. In addition, we can conduct detailed assessment proceedings on your behalf, all the way up to and including any final detailed assessment hearing.

If you have a query regarding judicial review costs, please do not hesitate to get in touch by contacting info@greenercosts.co.uk or by calling us on 01204 263047.