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How Much Does A Court Appointed Lawyer Cost
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As always, while we have considerable experience with our clients’ judicial review applications, each case is different and should not be taken as legal advice, but is provided as a general guide only.
If you would like to discuss a potential judicial review claim with an experienced immigration lawyer, take advantage of our one-time advisory service.
Judicial review is a procedure that allows a judge to review the legality of a decision or action by a government agency, such as the Ministry of the Interior or a local government.
When reviewing a decision or action by a public authority, the judge does not check whether the conclusions reached by the decision maker were justified.
Frequently Asked Questions (faqs)
If the judge concludes that the public agency’s decision is unlawful, irrational, or procedurally wrong, the decision will be declared unlawful and overturned. The public authority may then be ordered to review the decision.
However, it should be noted that the public authority could still reach the same decision by simply pointing out the illegality.
As mentioned above, judicial review is a complex area of law, even for lawyers. But in general, a decision or action of a public authority can be reversed on the basis of:
In addition, a decision or action by a public authority may be reversed if it is incompatible with human rights, as specified in the Human Rights Act 1998.
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In the UK, it is accepted that public authorities make decisions or take actions that have a significant impact on the lives of the inhabitants of the country.
For example, when the Home Office makes a decision on an immigration application or local governments decide whether or not to provide support, that decision can change a person’s life for better or worse.
If a person disagrees with a decision or action of a government agency, it may be that their only way to challenge the decision is to file a claim for judicial review.
If a person has the right to appeal against a public agency’s decision, this may allow them to challenge the findings of the decision maker, and any such appeal should normally be made prior to filing a request for judicial review.
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However, if a person does not have the right to appeal a public agency’s decision, or if their appeal is unsuccessful, a judicial review claim may still allow them to challenge the manner in which the decision was made on one or more of the grounds above.
If the judge concludes that the government agency’s decision is unlawful, irrational, or procedurally incorrect, the decision will be declared unlawful and the government agency may be ordered to review the decision. While there is no guarantee that the public authority will come to a different conclusion, there is also the possibility that it may.
Thus, a successful claim for judicial review may force a public agency to reconsider a decision or set aside an action when there is no available right of appeal.
In addition to the above, an urgent request for judicial review may be made in circumstances where the consequences of a decision or action by a public authority will have an immediate effect and need to be dealt with urgently, for example. stop of a flight taking people out of the UK.
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In these circumstances, the judge may order that the effects of the decision be deferred until the legality of the decision itself has been duly considered.
In cases where a judicial review claim is successful, the most common outcome is for the judge to “set aside” the public agency’s decision, so that the decision must be retaken. However, a judge can make a number of orders, also known as remedies. Here they are:
The judicial review process can be complex and lengthy. The following are the basic steps common to most immigration judicial reviews.
Before applying for leave of judicial review to the court initiating proceedings, it is imperative that applicants participate in the “preliminary action protocol”.
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The main step required by the protocol before going to court is that the complainant sends a “Letter of Pre-Claim” to the government agency outlining the grounds on which he plans to challenge the decision or action taken.
As a rule, this is an official letter, which must contain certain information (as indicated in the protocol). See our separate post on the subject, The Perfect PAP: How to Write a Letter Before Filing a Claim.
This letter allows the public agency to consider the proposed grounds for challenging the decision before filing an application with the court, with the possibility of reaching an agreement between the parties without the need for litigation.
Following (or not following) protocol can have consequences for the parties when it comes to the court deciding who should pay legal fees (see our post: How Much Does a Judicial Review Cost? for more on this).
Going To Court
If an agreement between the parties cannot be reached, a formal application is made to the court for permission to conduct judicial review, stating the grounds for judicial review.
As suggested, this move was introduced as a way for the court to weed out cases that have no realistic chance of success.
In order to proceed to a full trial on issues involving lawyers in wigs, the plaintiff will have to convince the judge that he has a “contentious case.”
This step includes completing the form, preparing detailed grounds for review (usually prepared by a barrister or senior lawyer), and filing with it any supporting evidence that may be required. Initially, this stage exists only on paper.
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There are two courts in immigration judicial review where applications can be filed and the correct place will depend on the nature of the contested decision: see our post: Where to initiate a judicial review.
Simultaneously with filing a claim with the court, a copy must also be sent (known in legal terms as “served”) to the public authority, which must then “confirm service” within a certain time limit.
Before the judge considers the applicant’s grounds for review, the public agency will usually raise an objection explaining why it believes the decision was not deficient in the ways the applicant proposed.
The judge will then consider both the grounds for the judicial review and the public agency’s response before deciding whether or not to authorize the judicial review.
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This is because, if leave to judicial review is granted, it is often the case that the public authority agrees to settle the case by providing the complainant with the remedy he is seeking, for example. consent to the revision of the decision in question.
For more information on success rates and statistics in judicial review cases, see our publication: Will I Win My Judicial Review Case?
If the public authority decides to revoke the decision based on the issuance of the permit, then, in accordance with the loser pays principle, the applicant must
However, in some cases, even if permission is granted, the public authority may decide to uphold the decision. In this case, the case may then move from the resolution stage to a full judicial review hearing.
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If permission for judicial review is denied, a hearing may be requested to present oral arguments as to why permission should have been granted.
If successful, the court will grant permission for
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