With the Pre-Action Protocol for debt claims coming into force soon, Ramjeet Authi, Senior Associate, outlines what you need to know.
Our experienced solicitors provide advice and support to co-operatives and mutuals on all aspects of judicial review, including bringing challenges to decisions of public bodies.
We understand that at times co-operatives and mutuals may need to challenge decisions made by public bodies and whilst it is always best to attempt to resolve the dispute through mediation or other alternatives to court proceedings, it may not always be possible. If mediation hasn’t been successful you may want to consider starting the process of bringing a judicial-review claim, which has to be done within three months of the decision being made.
For a co-operative or mutual to legally challenge a decision, it needs to have been made by a public body such as a government department, local authority, NHS Trust or a regulatory body, or an organisation exercising public functions. Public bodies must make decisions within the law and carry out their actions in compliance with legislation, failure to do so could lead to a judicial-review claim.
When a social business brings a judicial review against a public body it challenges the process used to make the decision, not the outcome of the decision. Judicial-review claims can be brought against public bodies on a number of grounds, including:
- The public body having the power to make a particular decision or having gone beyond its authority.
- The public body acting in an unreasonable or irrational manner.
- Decisions being made without carrying out consultation.
- The procedure followed by the public body is unfair or biased.
- The decision failing to comply with the public body’s statutory basis or its own internal rules.
- The decision taken is in breach of the Human Rights Act or European Community Law.
- The public body failing to comply with one of its legal duties, such as, the public sector equality duties.
Our judicial-review service
At Anthony Collins Solicitors our specialist judicial-review solicitors use their extensive sector knowledge to help co-operatives and mutuals bring judicial-review claims against public bodies such as local authorities or public-sector regulators. Our services include:
- Advising organisations on whether they have grounds for bringing a judicial review claim.
- Supporting organisations to bring a judicial review claim.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial-review court proceedings.
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