Judicial Review is a process by which the lawfulness of decisions made by public bodies can be challenged. It can also be a useful tool for identifying and challenging human rights breaches by the police including unlawful searches, unlawful arrest and unlawful detention.
Judicial Review is a vital component of the Criminal Justice system in Northern Ireland and the Republic of Ireland. It is necessary to hold public bodies such as the PPS to account for the decisions they make. This is particularly important in the context of criminal law as members of the public have an expectation that they will receive a fair trial and will not be unlawfully detained.
If you believe that a public authority has made an unlawful decision that affects your rights or interests, consult one of our solicitors at P.A Duffy & Co Solicitors. We firmly believe that when these rights are breached the relevant decision makers should be challenged to ensure such breaches do not happen again.
What are the grounds for judicial review?
Judicial review can be sought on various grounds, including illegality, irrationality, procedural impropriety, and breach of legitimate expectations. The specific ground depends on the circumstances of your case.
How long does the judicial review process take?
The duration of the process can vary significantly depending on the complexity of the case and court availability. It may take several months to resolve a judicial review, and in some cases, it can take longer.
What are the potential outcomes of a judicial review?
Possible outcomes include the court quashing the decision, ordering the public authority to reconsider the decision, or declaring the decision unlawful. The court may also award costs to the successful party.
How can I finance a judicial review?
We know that funding a judicial review might be a worry, so we offer a range of options. These include:
Legal Expenses Cover
After the Event Insurance (ATE insurance)
We will be happy to discuss funding with you to find the best option for your circumstances.
What is the time limit for bringing a judicial review case?
In the United Kingdom, there are strict time limits for bringing a judicial review action. These time limits are set out in the Civil Procedure Rules (CPR) and can vary depending on the nature of the decision or action being challenged.
In the Republic of Ireland (ROI), the time limit for bringing a judicial review is typically within three months from the date of the decision or action being challenged.
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