Judicial Review

What is Judicial Review? 

If you have been affected by a decision of the State, a State Body or a Regulatory Body and you are dissatisfied with that decision, you can challenge that decision in the Courts. The application that you make to the Court to challenge such a decision is known as an application for Judicial Review.

 

What decisions can be Judicially Reviewed?

Judicial Review applications frequently arise in relation to the following areas:

  • Social Welfare Refusals;
  • Disability Law;
  • Childcare Law;
  • Suspensions and Expulsions from Secondary Schools and Third Level Institutions;
  • Revenue Decisions;
  • Decisions of Planning Authorities;
  • Decisions of County Councils and Local Authorities;
  • Orders of the District or Circuit Court;
  • Decisions of Semi-State Bodies;
  • Ministerial Decisions;
  • Inquest Verdicts;
  • Decisions of Sporting Bodies;
  • Decisions of Professional Regulatory Bodies including:
    -The Teaching Council;
    -Education and Training Boards;
    -Nursing and Midwifery Board of Ireland;
    -Irish Medical Council;
    -Dental Council;
    -Law Society of Ireland;
    -Pharmaceutical Society of Ireland;

Time Limit –

An application for Judicial Review must be made within 3 months of the date of the decision. In some cases, if there is a good and sufficient reason for doing so, the Court may consider an application made after the 3 month time limit however this will be entirely at the discretion of the Court.

Decision v Decision Making Process –

The laws establishing State and Regulatory Bodies often set out strict legal procedures that these bodies must follow in arriving at a decision. While the Courts are entitled to review the merits of the decision itself, it is frequently the case that a Judicial Review application will be successful due to the incorrect procedure being followed when arriving at the decision.

What happens if my application for Judicial Review is successful –

If your application is successful, the Court may order one or more of the following:

  1. Certiorari – An order quashing the decision;
  2. Remittal – An order requiring the body to reconsider the decision;
  3. Mandamus – An order requiring the body to perform a statutory duty;
  4. Prohibition – An order preventing the body from acting unlawfully;
  5. Damages – An order requiring the body to pay compensation to you;
  6. Injunctive Relief – An order requiring the body to act or preventing the body from acting, usually given at an early stage in proceedings pending the outcome of the substantive Judicial Review application;

What to do if you are dissatisfied with a decision of the State, a State Body or a Regulatory Body –

If you are dissatisfied with a decision and wish to Judicially Review that decision, gather all correspondence from the body concerned and contact our offices without delay on 042 93 28053.