UK Judicial Review Guide

An exhaustive analysis of UK administrative law—how citizens challenge unlawful decisions, statutory breaches, and executive overreach by Ministers, Government Departments, and Councils.

Nature of Judicial Review (Senior Courts Act 1981 s31)

Review of Lawfulness, Not Merits

Judicial Review is the court procedure by which the High Court Administrative Court exercises supervisory jurisdiction over public bodies to ensure they act within their statutory powers.

Crucially, the court does not substitute its own decision for that of the public authority (it does not re-hear the merits of the case). Instead, it examines whether the process and reasoning complied with the law under CPR Part 54.

Procedural Framework:

Court Jurisdiction	High Court (Admin Court)
Governing Rules	CPR Part 54 & Senior Courts Act
Time Limit	Promptly (Max 3 Months)
Permission Stage	Mandatory Pre-Permission Filter

Judicial Review Claim Evaluator

Judicial Review Ground Evaluator

Select a public body and legal ground to evaluate High Court Judicial Review eligibility and court remedies.

The 5 Judicial Review Remedies (Senior Courts Act 1981 s31)

Remedy Name	Legal Effect	Application Scenario
1. Quashing Order (Certiorari)	Quashes and voids the unlawful decision completely.	Used when a Minister or Council makes an ultra vires order.
2. Mandatory Order (Mandamus)	Compels a public authority to perform a statutory duty.	Used when a Council refuses to fulfill its statutory housing or social care duty.
3. Prohibiting Order (Prohibition)	Prevents a public body from taking an unlawful future decision.	Used to stop a tribunal from proceeding with a biased hearing.
4. Declaration	Formally states the legal rights of parties without ordering action.	Used to declare a government policy incompatible with human rights or EU withdrawal acts.
5. Injunction	Restrains an authority from committing an illegal act.	Used to urgently stop deportation flights pending full judicial review hearing.

Frequently Asked Questions (FAQ)

In the landmark GCHQ Case (CCSU v Minister for Civil Service [1985]), Lord Diplock classified the grounds for judicial review into three heads: 1. Illegality, 2. Irrationality (Wednesbury unreasonableness), and 3. Procedural Impropriety.

The High Court Administrative Court can grant 5 main remedies: 1. Quashing Order (cancels decision), 2. Mandatory Order (compels public duty), 3. Prohibiting Order (blocks illegal action), 4. Declaration (states legal position), and 5. Injunction.

Under Civil Procedure Rule (CPR) Part 54.5, a claim for Judicial Review must be filed promptly and in any event no later than 3 months after the grounds for the claim first arose (shortened to 6 weeks for planning decisions).