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When you run a business, you will make many decisions regarding several issues, such as the goods you will sell or pricing. Some decisions, however, can also be made against you by a public body. These bodies can include a local authority or civil service department. However, if you think they have not made it legally, you may have a case for judicial review proceedings. This article will explain judicial review and, specifically, procedural impropriety as legal grounds for challenging proceedings.
What is Judicial Review?
Judicial review is a legal mechanism to challenge a decision made by a public body through the court. It challenges the lawfulness of the decision or action rather than the outcome of the decision itself. Therefore, the courts will consider how the decision or action has been considered. For example, your business may want to challenge HMRC’s decision against your tax accounts. Alternatively, you may wish to challenge the decision of a regulatory body such as the Information Commission Office (ICO). You can only apply for judicial review if you have exhausted other complaint processes available for that public body.
Judicial review allows the courts to check how a public body exercises its powers on you. It differs from other court proceedings and requires you to comply with a different set of Civil Procedure Rules (CPR) practice directions. Judicial review takes place in the Administrative Court, which is a division of the High Court. To have a claim for judicial review, you need to meet particular criteria, which will form the basis of your claim. Examples of these criteria include illegality or irrationality by the public body. If the decision-making process of the public body’s action was illegal, the court may, for instance, give any of the following remedies:
- quash a decision and ask the public body to reconsider;
- make a mandatory order compelling the public body to undertake a particular action;
- make an injunction to stop the public body from doing something; or
- make a declaration.
The court may also decide to award damages.
What is Procedural Impropriety?
Procedural impropriety is one of the grounds that your business may be able to use to bring a case of judicial review against a public body. You may hear people refer to this ground as unfairness. Procedural impropriety concerns situations where legal procedures are not abided by or where the decision was not fairly made. This second issue is also called a failure to follow the rules of natural justice. Therefore, a public body’s decision could be unfair where:
- they did not abide by procedural legal duties or did not treat your case the same way they have treated other similar cases;
- there was a legitimate expectation for them to act in a specific manner, and they did not;
- they were biassed when making their decision;
- there was no reasoning for the decision; or
- you were not consulted on the decision.
In terms of bias, the public body could have shown actual bias where they were evidently prejudiced against you. However, they may have instead shown an appearance of bias, which is why the decision was not seen as fair.
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How Can I Challenge a Decision through Procedural Impropriety?
If you think a public body has made a decision unlawfully because of procedural impropriety, you should first seek legal advice. This is because there is a strict procedure to go through, and undertaking judicial review can be an expensive process. The time limit is also crucial for bringing a claim. You must bring your claim within three months of the decision, but being as prompt as possible in making your claim is recommended. In other words, you should avoid leaving the claim towards the end of the three-month period. However, in certain circumstances, a court may extend the time limit.
You are also required to send a letter to the decision maker stating the issue before making a claim. This is the pre-action protocol for judicial review. If no action is taken, you may request the court’s permission to bring a claim for judicial review. The test for permission is whether you have an arguable case. The court may decide this by looking at your written evidence or may want to hold an oral hearing.
This checklist will help you identify areas in your business that may need further protection or assistance to ensure you are legally compliant.
Key Takeaways
If a public body has decided against you or your business and you do not think they lawfully arrived at this decision, you may have a case for judicial review and seek remedies. This form of review evaluates whether the decision-making process was lawful but not the correctness of the decision itself. Procedural impropriety is one of the grounds for judicial review. It is concerned with whether a public body has followed laws correctly or the natural rules of justice. Judicial review is a strict procedure with its own rules, so it is crucial that you:
- seek experienced legal advice;
- ensure you are within the time limits to bring a case; and
- follow the pre-action protocol.
If you need help understanding judicial review for challenging proceedings in the UK, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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