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United Kingdom
United Kingdom
Key definition
Judicial review definition What does Judicial review mean? Judicial review is the court process used to challenge the lawfulness of decisions, actions or omissions of public bodies (such as ministers, local authorities, regulators and tribunals), rather than to reconsider the merits. It is a supervisory jurisdiction developed mainly through case law, with procedural rules set by legislation and court rules. Across the UK and Ireland, typical grounds include illegality (error of law, acting beyond powers), irrationality/unreasonableness, procedural unfairness (including breach of natural justice and legitimate expectation), and, where engaged, proportionality under the European Convention on Human Rights. Common remedies are quashing, prohibiting and mandatory orders, declarations and injunctions; damages...
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Immigration judicial review in England and Wales: pre-action protocol, issuing claims, urgent relief, permission, hearings, remedies and costs in the Administrative Court and Upper Tribunal
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Practice notes
Section 31 of the Senior Courts Act 1981 (SCA 1981)
Section 31 of the Senior Courts Act 1981 (SCA 1981) sets out the statutory scheme for Judicial review. It is not an exhaustive catalogue of powers, and case law can identify or clarify how inherent powers operate in practice (for example, when the High Court will grant bail). The routes and Rules for judicial review in the Administrative Court—a specialist ‘list’ within the Queen’s Bench Division of the High Court—are prescribed by the Civil Procedure Rules 1998 (CPR). CPR 54 and CPR PD 54A address judicial review specifically. From 14 July 2022, fresh remedial powers appear in SCA 1981, s 29A, introduced by the Judicial Review and Courts Act 2022. This discretionary jurisdiction permits the court to make suspended and prospective-only quashing orders. Debate about these powers emerged alongside potentially wide-ranging reforms to judicial review. The circumstances in which this power should be exercised, how often it will be used, and its broader consequences remain unclear overall. In National Westminster Bank plc v Spectrum Plus Limited, the House of Lords treated prospective orders as confined to exceptional cases, to advance the aim of administering justice fairly...
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Web page updated on 21/05/2026
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