Judicial Review Procedure
There is a special High Court procedure for challenging the decisions and acts of public bodies. This is known as judicial review because it deals with matters of public concern. The rules are significantly different from those that apply to private disputes.
Judicial review proceedings must generally be brought within three months at most. Permission or leave of the court must be obtained at the outset. This filtering device prevents cases with no apparent merit from proceeding.
There are limited types of orders that can be sought in judicial review cases. Compensation awards are relatively unusual. More commonly, the orders are intended to determine if a legal issue exists or to compel a public body to act in a particular way. A declaration regarding the legal position may also be sought.
Before commencing judicial review in Northern Ireland, it is desirable to follow the principles of the England and Wales protocol. The focus of judicial review is on cost savings and efficiency in litigation. Early identification of the real issues in dispute is crucial, and parties are required to provide relevant information promptly. The preaction protocol outlines these requirements.
Interested parties should be disclosed, and proceedings should not proceed until the respondent has had the opportunity to reply.
Replies should generally take place within 14 days, or reasons for any delay should be provided along with a justification for additional time.
In cases where issues are not disputed, they should be conceded, and contested matters should be clearly identified. The public party should provide a full explanation for its decision, addressing any necessary points of dispute.
Relevant documentation should be enclosed in the letter, and each party should identify other interested parties affected and ensure they receive a copy of the letter of claim and response.
Leave or permission is required as a first stage in judicial review proceedings. The applicant must demonstrate an arguable case and a legitimate interest in the matter.
An application for leave is made by lodging an application and affidavit with the High Court. Notice is given to the respondent public party.
Applications based on human rights or the European Convention on Human Rights may assert legislation’s incompatibility with the Convention.
The court determines at the leave stage if arguable standards are met. This stage assesses if a plausible case exists but does not delve into the merits in depth.
Claims must be made within three months from the date of the administrative decision. The time limit can be extended with a good reason. Standing requires that the person has a sufficient interest in the matter.
Once leave has been granted, the application must be served on the respondent authority within 14 days, accompanied by a statement, affidavit, and exhibits.
In cases involving human rights, courts may be more willing to grant discovery if necessary. Discovery against public authorities is subject to particular considerations, including security.
In some cases, public bodies may assert public interest immunity, but the court decides whether the public interest justifies nondisclosure.Certain information may be available under the Freedom of Information Act.
Claims for compensation in judicial review are difficult to sustain. Courts have been reluctant to hold public parties liable for negligent administration.
EU law provides for liability of states for sufficiently serious breaches of basic EU rights.
The orders granted in judicial proceedings are discretionary and take into account various factors, such as the applicant’s conduct and the appropriateness of the order.
Compensation may be sought, but it is challenging to succeed in compensation claims against public parties. Public bodies generally owe duties of care to individuals, which can lead to claims in negligence for breach.
Compensation claims may also be based on breaches of statutory duties, but these are typically limited to specific beneficiaries.
Deliberate abuse of public office, causing damage, may result in claims such as misfeasance in public office.