On 20 January 2020, the Ministry of Housing, Communities and Local Government (MHCLG) issued Advice for Building Owners of Multi-storey, Multi-occupied Residential Buildings.
Our experienced team of judicial-review solicitors can advise and support organisations with all aspects of judicial review, including bringing challenges to decisions of public bodies.
We use our extensive legal and health and social care sector knowledge to work in partnership with organisations who wish to challenge a decision of a public body. Whilst it is always best to try and resolve the dispute by negotiation through mediation or other alternatives to court proceedings, it is vital to obtain prompt advice, as a claim for judicial review has to be issued within three months of the decision being challenged. In order to challenge a decision legally, it must have been made by a public body such as a government department, local authority, NHS trust or a regulatory body. Public bodies must act within the law and carry out their decisions rationally and in compliance with proper process and legislation. Failure to do so could lead to a judicial review claim being issued.
Judicial reviews can only be initiated when the decision is unlawful, for example when reached by an improper process, not simply because it is thought to be wrong. The key issue is the process by which a decision has been, made not the outcome of the decision. Decisions by public bodies can be challenged on a number of grounds, including:
- The public body not having the power to make a particular decision or it having gone beyond its authority in making the decision.
- The public body acting in an unreasonable or irrational manner.
- Decisions having been 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 team use their extensive sector knowledge to help health and social care providers bring judicial review claims against public bodies such as local authorities and regulatory bodies. Our judicial review services include:
- Advising organisations on whether they have grounds for bringing a judicial review claim.
- Supporting organisations to bring a judicial-review claim by preparing the court documents and advising on evidence gathering.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial-review court proceedings.
A pragmatic and efficient solicitor ensuring clients receive effective resolutions.
The Society for Computers and Law (SCL) has introduced an Adjudication Scheme for IT Projects and Services.
The Heat Network (Metering and Billing) Regulations 2014 (the Regulations) place certain responsibilities on anyone supplying and charging for heating, cooling or hot water (the heat supplier).
In our latest Company Secretary Update, we focus on the Queen’s Speech over Christmas and the recommendations and commitments in relation to housing.
So after two days of legal argument, the Supreme Court have now retired to reach their decision in the joined cases of Tomlinson-Blake v the Royal Mencap Society and Shannon v Rampersad.
Anthony Collins Solicitors has revealed details of its annual social impact, including advising on funding deals for building 19,603 new homes and setting up 90 new charities.
The United Kingdom Homecare Association (UKHCA) has announced its new calculation for the minimum price of homecare of £20.69 per hour (to be effective 1 April 2020).
A recent High Court case suggests that the Charity Commission is now more inclined to utilise its regulatory powers than ever before.
We are delighted to confirm that partner, Donna Holmes, has been appointed to the Panel of Guardians for Missing Persons Affairs from 1 February 2020.
Meningitis now are calling for corporate supporters as part of their New Year New You 2020 campaign - why not sign up and get a team together to take part in one of their events this year.
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