Judicial review and costs
The notes contained in the document "Applying for judicial review" are not intended to be exhaustive but are designed to offer an outline of the procedure to be followed when seeking to make an application for judicial review in the Administrative Court. For further details of the procedure to be followed you and your representatives/legal advisers should consult Part 54 of the Civil Procedure Rules (CPR) and the Practice Directions accompanying Part 54.
What is judicial review?
Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function. If you are challenging the decision of a court, the jurisdiction of judicial review extends only to decisions of inferior courts. It does not extend to decisions of the High Court or Court of Appeal.
Claims will generally be heard by a single Judge sitting in open Court. The Administrative Court sits at:
- The Royal Courts of Justice in London- Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL;
- Birmingham Civil Justice Centre- Priory Courts, 33 Bull Street, Birmingham, B4 6DS;
- Cardiff Civil Justice Centre- 2 Park Street, Cardiff, CF10 1ET;
- Leeds Combined Court Centre- 1 Oxford Row, Leeds, LS1 3BG;
- Manchester Civil Justice Centre- 1 Bridge Street West, Manchester, M3 3FX
Where a case is directed to be heard by a Divisional Court (a court of two judges) the hearing will usually be in London.
Applying for judicial review (PDF 0.16mb)
Immigration Judicial Reviews
Since 1 November 2013 Immigration Judicial Reviews (IJRs) that were previously dealt with in the Administrative Court have been dealt with by the Upper Tribunal Immigration and Asylum Chamber (UTIAC).
This is by virtue of the Lord Chief Justice’s Direction of 21 August 2013 which provides full details of the categories of IJRs that are transferred.
Details on applying for an Immigration Judicial Review subject to the Lord Chief Justice’s transfer direction can be found on UTIAC’s website.
Note – The Administrative Court Judges will continue to deal with all out of hours applications for Immigration and Asylum matters, including those that are being transferred to the Upper Tribunal. All out of hours applications, regardless of topic, should therefore continue to follow the process set out at Out of Hours applications at the Royal Courts of Justice. Appropriate cases will then be referred to the Upper Tribunal in accordance with the LCJ Direction once any urgent determination has been made.
Guidance as to how the court will approach applications for costs following settlement of claims for judicial review - November 2013
Please note that the guidance document attached below is applicable where the parties to a judicial review have agreed to settle the claim but are unable to agree the issue of costs and have submitted that issue for determination by the Court.
It applies to all consent orders submitted for approval by the court after 13 January 2014.
Judicial review costs guidance
Changes to fees for claims for judicial review issued on or after 7 October 2013
From 7 October where the court, without a hearing, refuses permission to proceed, the claimant may not appeal but may request the decision to be reconsidered at a hearing. If such a request is made, the claimant must pay a fee of £215 when lodging the request within 7 days of the service of the order refusing permission.
Failure to pay the fee or lodge a certified Application for Fee remission may result in the claim being struck out. If permission to proceed is given at the hearing, no further fee is payable to continue with the claim.
Civil Procedure Rules – Update from 1 July 2013
Please note that any applications for permission to apply for judicial review, lodged on or after 1 July, do not have a right to renew the application at an oral hearing if refused and identified as totally without merit. Further details can be found in CPR 54.12(7).