Judicial Review Lawyers in London
Judicial review can be understood as an exclusive window of opportunity for individuals who have in any way been wronged such as unfavourable decisions made by public bodies.
Judicial review is a process of challenging the legitimacy and fairness of decisions made by public authorities in the UK. Such as you can challenge the decision made by the CPS or the Ministry of Justice or even the Coroner’s verdict.
You not only can challenge the procedural fairness of the decision rendered by local bodies but also claim for compensation.
Remarkable Judicial Review Service offered by Fadiga & Co Solicitors:
- We believe that public bodies must be held accountable if citizens believe that they have been wronged
- Provision of justice in all its fairness and impartiality should be the primary goal of public bodies not only in the UK but everywhere around the world
- Therefore, if you think that you must challenge a decision made by any of public bodies then you must contact us immediately
- We can guide you exceptionally well with up-to-date legal measures that you may adopt and also help you in claiming for compensation in a thoroughly professional manner
- Our specialist experts can also persuade local public bodies to reconsider their decision so that court action may not be necessary
- So far our experts have managed to solve numerous judicial review cases even those that were strongly defended by the related public body
How we Work?
Our team comprises of highly qualified Judicial Review Lawyers who have successfully undertaken all sorts of cases in this category regardless of the social status of the claimants and the high profile nature of the institution involved
Adopting unbiased approaches towards resolving the issue and offering cost-effective yet efficient and professionally viable services is our main concern. Here is a bit of information about how we work:
- We start with knowing the circumstances and background of the client and the issue at hand for which we may seek a judicial review
- You may apply for judicial review if your claim for Asylum in the UK refused with no right of appeal.
- Our objective is to understand the issues that clients are facing and/or what is more important to them
- We explore every relevant legal avenue to upturn unfair decisions
- After analysing their situation properly, we provide the with an independent legal opinion about the merits of their case and the best possible solution to their immigration related issue
- All efforts are channelled towards resolving the case in most appropriate manner
When to Claim for Judicial Review?
- It is important to note that judicial review is invariably the final option available to legally challenge the state’s institutions’ decisions.
- A judicial review claims are typically quite complex as these involve accurate and narrow interpretation of the law and also require comprehensive legal analysis and judicial reasoning
- Meticulous care and skills are required for the preparation and lodging of a case under judicial review
We facilitate Judicial Review cases in the following situations:
– Home Office decisions with no right of appeal
- In situations where the Home Office has made a decision in which the individual has no right of appeal, a judicial review becomes necessary.
- Judicial review will be filed in the Upper Tribunal
- It can be expected that the tribunal applies the law following the appropriate interpretation of Article 8
- Generally Home Office’s decision of refusal of naturalisation as a British citizen comes with no right of appeal and a judicial review is the only way through which the Home Office can be compelled to overturn its previous decision and make a fresh decision
- Other scenarios where there is no right of appeal include refusal of claim for asylum, refusal of a UK entry clearance application and refusal of discretionary or indefinite leave to remain in the UK with no right of appeal.
To successfully challenge the Home Office’s decision you need to prove that:
- The immigration authority is legally obligated to act and/or make a decision in a particular manner and has failed to do so by making a decision which is unfair, illegal, irrational or procedurally wrong.
- The decision/action that has generated the judicial review claim is beyond the powers of the immigration authority
– Unlawful detention of immigrants
- The lawfulness of detention of immigrants can be challenged through judicial review in the High Court (after the court’s permission is granted)
- Lawfulness criteria involves that the detention was for a statutory purpose or for permitted policy reasons. The length of detention must also not be unreasonable
- If an immigrant successfully challenge his/her unlawful detention he or she may receive compensation for damages
- There is no distinction in the law between asylum seeker detention and foreign national detention
– Local authority procedures/policies & Human Rights Law breaches
- If the individual feels that any of the local body has adopted procedure or policy that violates the law then there is a possibility to file for judicial review
- If you believe that the decision violates the Human Rights Act then you can seek judicial review
- You need to prove that the public body failed to comply with one or more of its legal duties such as the public sector equality duty
- Unfair or biased decisions by the public bodies may also be challenged through judicial review
- If you are at the receiving end of unlawful decisions from a public body in the UK or feel that your human rights have been breached, you may seek a judicial review of that decision.
- In judicial review cases there are strict time limitations. Generally the claimant has to file for judicial review within 3 months of the date of the decision. Therefore, immediately contact expert solicitor and gather relevant evidence to file the claim timely.