Judicial Review Consent Order

Judicial Review Consent Orders play a pivotal role in the Administrative Court. They are essential for resolving disputes and provide a framework for achieving resolution between parties involved in a judicial review case.

Greener Costs provide an overview on judicial review and explore which factors should be considered when drafting a judicial review consent order. We will also discuss the potential issues that may arise from a defective consent or Tomlin order.

What is Judicial Review?

Judicial Review is a legal process through which individuals or organisations challenge the decisions, actions, or omissions of public authorities, such as government bodies, local councils, or regulatory agencies.

Its primary purpose is to ensure that these public bodies act lawfully, fairly, and within their statutory powers. Judicial review cases typically arise when a party believes that a public authority has acted unlawfully or unreasonably in its decision-making process.

The Role of the Court

In a judicial review case, the court does not re-evaluate the merits of the decision made by the public body. Instead, it focuses on examining the legality of the decision-making process. The Court assesses whether the decision was made within the scope of the public body’s authority. It will also consider whether all relevant procedures were followed, and whether any errors of law or procedural irregularities occurred.

When is a Judicial Review Consent Order Required?

A Judicial Review Consent Order is often sought when parties involved in a judicial review case agree to resolve their dispute without proceeding to a full trial.

This agreement is formalised through a consent order. This outlines the terms and conditions under which the parties will resolve the matter. Such orders can help save time and resources, as well as provide clarity on the agreed-upon resolution.

Judicial Review Consent Order Example

Let’s consider an example to illustrate the practical application of a Judicial Review Consent Order.

An example may be when a local council has made a decision that a community organisation believes to be unlawful.

Instead of going through a lengthy and costly trial, the council and the organisation agree to a consent order.

The order could specify that the council will reconsider its decision, take into account certain factors, and issue a new decision within 14 days. In return, the organisation agrees to withdraw its judicial review claim. This consent order provides a clear path to resolution without the need for a trial.

An example of a Tomlin Order might be:

UPON THE CLAIMANT having filed a Judicial Review application on XX/XX/XX challenging the Defendant’s decision to accommodate the Claimant and her family in XXXXXX and the Defendant’s failure to disperse them; 

AND UPON THE DEFENDANT having dispersed the Claimant and her family to long-term

accommodation on XX/XX/XX; 

AND UPON the parties agreeing that this renders the public law claim academic; 

BY CONSENT, it is ordered that:- 

1. The Claimant do have leave to withdraw the above-numbered claim for judicial review. 

2. The Defendant to pay the Claimant’s reasonable costs, to be assessed if not agreed. 

3. There is to be a detailed assessment of the Claimant’s publicly funded costs in accordance

with the Civil Legal Aid (Costs) Regulations 2013.

Note that “costs to be assessed” is in the main body of the Order, if included within the Schedule, the term will be unenforceable, and as such, might lead to complications down the road or an updated Tomlin having to be agreed between the parties.

Potential Issues Arising from a Defective Consent/Tomlin Order

While Judicial Review Consent Orders can be highly beneficial, they are not without their challenges. Parties must be cautious to avoid the pitfalls associated with defective orders. Here are some more potential issues that may arise:

Lack of Specificity

A consent order that lacks specificity can lead to confusion and disputes over its interpretation. Parties should ensure that all terms are clearly defined to prevent future disagreements.

Failure to Address All Issues

Sometimes, parties may inadvertently omit important issues from the consent order. This can result in unresolved disputes and the need to revisit the court for further clarification or enforcement.

Breach of Human Rights

Consent orders must not violate human rights or fundamental freedoms. Parties should be aware of the potential for human rights issues to arise and ensure that the order complies with applicable legal standards.

Non-Compliance

If one of the parties fails to comply with the terms of the consent order, it can lead to legal disputes and further court proceedings. Having effective enforcement mechanisms in place is crucial to address such situations.

Public Interest

In some cases, a consent order may be challenged on the grounds that it is not in the public interest. Parties should consider the broader implications of their agreement and be prepared for potential public interest challenges.

How Can Greener Costs Assist?

At Greener Costs we are able to offer specialist input in relation to judicial review costs. Such matters are often funded by way of legal aid funding, in which case we can assist in the quantification and recovery of your costs from the LAA utilising CCMS, or in the event an inter-partes costs order has been made, recovery of your costs from the Paying Party.

If you are a Paying Party, as independent costs experts, we can assist in negotiating the costs claim against you and, if served with a formal Bill and Notice of Commencement, we can prepare Points of Dispute (legal arguments against the Bill claimed) and assist with the conduct of detailed assessment proceedings.

We are a team of specialist Costs Draftsmen and Costs Lawyers that have particular expertise in dealing with costs in judicial review matters, and we can assist in the quantification of your costs and preparation of any Bill of Costs for assessment, or challenging of the same if representing a Paying Party.

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.