Judicial review

Judicial review proceedings place the decision-making of public bodies under intense scrutiny. It is important they have appropriate advice and representation, ensuring such challenges are responded to effectively.

Judicial reviews are the route through which challenges are made to the decisions of public bodies. They are an important constitutional check on the exercise of power, and are triggered by increases in public awareness of rights and private bodies protecting commercial interests. 

Public bodies (including private bodies carrying out public functions) need to understand their duties and powers and be robust in their decision-making so they are ready to defend these challenges. 

We have the breadth of expertise to advise clients on the complexities of judicial reviews and ensure that practical and commercial issues are taken into account.

Our lawyers

Our expert lawyers understand the policy, regulatory and commercial context in which our clients operate, whether for education or healthcare clients, arms'-length bodies, central or local government.
 

Our experience

Examples of our work include:

  • Acting for NHS clinical commissioning groups in the North East and Cumbria in successfully defending judicial review proceedings by Bayer and Novartis. The challenge concerned NHS policy regarding the prescription of certain drugs.
  • Assisting a group of 11 NHS clinical commissioning groups with re-drafting their continuing care policies following a judicial review challenge from the Equality and Human Rights Commission.
  • Acting for the Department of Health & Social Care in successfully lifting an injunction and defending an application for summary judgment by DHL, following a decision to award a logistics contract worth £173million.
  • Assisting education institutions in responses and challenges to the Ofsted and the Quality Assurance Agency for Higher Education.
  • Acting for the University of London in connection with a judicial review concerning trade union recognition in relation to outsourced security guards.
  • Advising on judicial reviews challenging procedures and/or decisions, including where equality and human rights issues are engaged.
  • Representing clients at inquests, including advising on public law issues relating to inquests.

Our clients

Public law issues can affect a broad range of organisations. Among those we act for are:

  • NHS clinical commissioning groups
  • Universities, for example the University of Liverpool and the University of London
  • Further education colleges, for example Bolton College
  • Government departments, for example the Department for Health & Social Care
  • Joint Council for Qualifications
  • Institute for Apprenticeships

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