Can someone tell me how long a judicial review takes
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| Author: | Stationtone [ Sun Jul 19, 2009 9:54 pm ] |
| Post subject: | Judicial review |
Can someone tell me how long a judicial review takes
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| Author: | Sussex [ Sun Jul 19, 2009 11:13 pm ] |
| Post subject: | Re: Judicial review |
stationtone wrote: Can someone tell me how long a judicial review takes
You would first have to get leave to appeal, which could take a few months, then if successful they would give you a date for a full hearing. If I was to guess I would say 8-12 months from the date of the first letter to the courts. 
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| Author: | Doom 101 [ Sun Jul 19, 2009 11:20 pm ] |
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I have just gone through the process in Stockport. As Sussex has said, first you have to get it approved. It is not something you can usually do without a lawyer either. We obtained an injunction (to stop the council) issuing plates whilst waiting to see if we would be granted leave of appeal. Even an injunction may be lifted quickly if the court dosen't think you have a good case. My advice is to try another route, if that's not possible, consult a good lawyer and dig VERY VERY deep. Special rules apply to judicial review. This is a challenge in the High Court to a decision of an inferior court or tribunal, such as a public inquiry, on the ground that the decision or procedure was irrational, unfair or improperly carried out. Judicial review looks at the decision-making process only, not the merits of the case. If you are successful, the decision or outcome of the inquiry will be quashed. A person seeking judicial review must have "locus standi": in other words, he must have a sufficient interest in the matter, or be directly affected by it. There are two stages to judicial review. First you have to apply for leave to seek judicial review. At this stage, a judge will filter out obviously hopeless cases and may impose conditions: for example that you give security for the other side's costs in case you lose. If you get past this first stage, you will then go on to the main hearing at which both parties will be represented. |
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| Author: | Stationtone [ Mon Jul 20, 2009 12:34 am ] |
| Post subject: | |
Thanks for the info. |
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| Author: | captain cab [ Mon Jul 20, 2009 11:25 pm ] |
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littlejack3 wrote: A person seeking judicial review must have "locus standi": in other words, he must have a sufficient interest in the matter, or be directly affected by it. Can someone tell me thereofre how Berwick taxi association managed the feat up there then? CC |
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