COURSEWORK

Judicial Review Process



Judicial Review Procedure for Amanda

Introduction

Since the British Beachball Council (BBC) has refused to provide any reason for rejecting the claim of Amanda and has not even heard her application saying that she has no experience of playing beachball, Amanda has the right to bring a judicial review against the BBC because this act of refusing Amanda without any particular reason is unlawful. The Judicial review allows Amanda to challenge the BBC's decision of refusing her application. My advice to Amanda is that she should bring the judicial review against BBC but she should know the appropriate procedure for bring the judicial review.

Judicial Review Process

Judicial review is a procedure that allows an individual or organization to challenge the lawfulness of a decision or a law made by a public body. Reasons for judicial review include the illegality, irrationality and injustice. The claimant must also show that you have enough interest or standing to challenge the decision. Applications for judicial review will be held in the Administrative Court, based in London, Birmingham, Cardiff, Leeds and Manchester. Part 54 of the Rules of Civil Procedure contain the procedures (Malleson, 2003, p. 223).

There are different grounds for review include the notions of illegality, irrationality, proportionality and procedural impropriety. In regard to the question Robert and Lou would have to assess whether any of the above grounds would apply to them. The first ground to consider would be illegality, whereby if the public authority exceeds the limits given to it, it will be guilty of acting illegally. In Vine v. National Dock Labour Board the court held that Vine's dismissal was illegal as the powers involved were non-delegable (Corroll, 2009, p. 364). The second ground for review is irrationality, according to Lord Diplock: Irrationality applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had his mind to the question to be decided could have arrived at it.

The Ministry of Justice has published a "Pre-Action Protocol for Judicial Review", and this underlines to make a claim for judicial review is a last resort. For this reason, the plaintiff, Amanda, must exhaust all adequate alternative remedies, before seeking judicial review against BBC. For example, Amanda must follow all relevant internal complaints procedures. Other options include alternative dispute resolution, such as mediation. In all cases, Amanda must write a pre-action letter ...