Bringing and Defending Judicial Reviews

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Judicial Review is a challenge to the way in which a decision has been made by a public body. It is concerned with whether the law has been correctly applied, whether such a body has the power or duty to act, or make a decision and whether the right procedures were followed. It is also available for failures to act. It is not concerned with the substance of the decision; but rather how that decision was made. It is only available where there is no other effective means of challenge.

This seminar will review;

• The new time limits that were imposed in 2013 to restrict delays by bringing a judicial review. 
• The rules which have been re-codified and tightened up, so those bringing judicial review challenges must ensure they meet the timetable.
• The new cost cap rules, make it more affordable for challengers, (which then creates more risks for authorities and promoters of planning schemes).
• The cost cap rules require a claimant to provide a statement of their financial resources. Even with a cap in place, the process remains complex and potentially costly.
• It can be a fast, effective and powerful way to convince a public body to reconsider a decision or force them to take action they should be taking. Tactically, it can also create inertia since a judicial review could take more than a year to be heard. 
• Cash strapped authorities have to protect their decisions from judicial review; and if they fail, decide carefully whether the merits justify defending a claim.
• Recent trends in decisions such as the Heathrow Judicial Review

This half day practical conference will ensure that parties defending and challenging decisions are able to best bring forward their case. It will appeal to solicitors, planners, developers and their agents, claimants, lobby groups and objectors, as well as regulatory authorities and public bodies.