What is Judicial Review?
Judicial Review is a public law remedy which can be used to challenge a decision by a public authority if it is unfair, irrational, unlawful or if they decision maker has failed to act in a way which is compatible with the European Convention on Human Rights. Judicial Review is central to the PA Duffy mantra to not only challenge the law, but to shape it.
Judicial Review is a remedy of last resort in that all internal appeal mechanisms must be exhausted before an application for Judicial Review can be made. If you feel that a decision against you has erred in law, was procedurally unfair, irrational or unreasonable you should contact us immediately and our experienced human rights solicitors will provide guidance on the next step to take.
Often, a pre action letter can have the effect of overturning a decision that falls into the category of Judicial Review. However, in the event that a decision remains unchanged and it satisfies the criteria for Judicial Review we will make an application for Judicial Review on your behalf and have the matter resolved in Court.
Judicial Review can lead to bad decision’s by public authorities being overturned. It is a very effective mechanism for ensuring fairness in public decision making and the need to comply with the European Convention on Human Rights helps to ensure that the rights of the individual are protected.
At P.A.Duffy and Company our human rights team have had a high level of success in Judicially Reviewing decisions of public authorities. Conal McGarrity has had several successful Judicial Reviews in the High Court including one against a decision by the Education Authority in Northern Ireland to exclude a child with special educational needs from school on the basis that they failed to make proper educational provision.