PUBLIC LAW

Public law tends to examine relationships between individuals and the government, in the matters of wider public interest. Although this is not true in every case, most people assume that public law issues always lead to applications for judicial review and assessment by the High Court.

What is Judicial Review?

A claim for Judicial Review is the legal process of having the Court make a decision as to the lawfulness of a public body policy, act or omission. Judicial Review is the main tool which enables individuals to hold the government and public bodies to account.

You may have been the subject of a public-body decision which is flawed. Public bodies have a duty to make sure that any decision they take is rational, lawful and procedurally fair. If these duties have not been complied with, you may be able to challenge the decision of the body who made the decision with a Judicial Review claim.

This process is wide-ranging and allows individuals to challenge the decisions of all bodies that exercise a public law function, including:

  • Central Government Departments
  • The Police and CPS
  • Coroners
  • Prisons, the Probation Service and the Parole Board
  • The Independent Police Complaints Commission
  • Local Authorities and Social Services
  • NHS trusts

If there is a decision you want to challenge, it is important to act as quickly as possible. Most Judicial Review claims must be brought within three months of the decision.

The help of a specialist public law solicitor can often help ensure that a public body acts lawfully and fairly. Public body representatives might be convinced to review their own decisions following a carefully crafted letter.

Where matters have gone seriously wrong, sometimes it is necessary to bring the matter to Court. Our solicitors are able to advise on the process of bringing such a claim to the High Court.

Most Judicial Review cases which we advise on are funded by Legal Aid. This is subject to a means and merits assessment, with which our team of experienced solicitors will be happy to assist.

Kesar & Co Solicitors firmly believe that individuals should be able to enforce their public law rights against the state. If you need help with the decision of a public body, we are here to help.

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