Jurisdiction(s):
United Kingdom

Related legal acts

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...

EU law in judicial review (England and Wales): grounds, remedies and procedure pre- and post-Brexit, including retained EU law, Charter rights, Francovich damages and CJEU references

Published by a LexisNexis Public Law expert

Practice notes

ARCHIVED: This Practice Note is archived and not maintained.

What is the status of EU law in English law?

EU law has formed part of UK law since the UK joined the European Economic Community in 1973. Accordingly, EU law can be relied upon in judicial review in the English courts:

as a basis for contesting domestic law or a decision of a public authority
to steer the interpretation of domestic legislation (primary or secondary)
where domestic law or a public body’s decision rests on EU legislation that a claimant seeks to impugn as invalid

The use of EU law in the English courts has also shaped judicial review procedure. This Practice Note primarily examines the effect of EU law on judicial review while the UK was an EU Member State. The final section, however, considers the position after the UK’s withdrawal from the EU.

EU law was brought into UK domestic law by the European Communities Act 1972 (ECA 1972). EU law is directly applicable, meaning that, where a provision of EU law requires no further...

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Andrew Eaton

Hogan Lovells

Andrew is an associate in the UK & EU Public Law and Policy team at Hogan Lovells. He specialises in administrative and public law, including commercial judicial review, EU law, human rights, information rights, and public affairs and policy. Andrew acts for commercial and public sector clients on both contentious and non-contentious public law and regulatory matters across a range of heavily regulated industry sectors. ...

Telha Arshad

Hogan Lovells

As an associate in the Hogan Lovells Public Law and Policy team, Telha practices administrative and public law, including judicial review, EU law, human rights and information rights. Telha advises clients from both the public and private sectors on all stages of government decision making, from initial policy development through to judicial review challenges. He has experience in contentious and advisory matters, typically acting for multinational companies but also for trade associations, public bodies and regulators. Telha advises clients across a range of heavily regulated industry sectors, including healthcare, energy, financial services and transport. He assists businesses to engage effectively with government and shape the laws, policies and regulations that affect them. Telha is also a member of the Hogan Lovells constitutional change taskforce, which provides advice to clients on constitutional issues of fundamental importance to business, such as Brexit, devolution and human rights reform....

Web page updated on 21/05/2026

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