Public law governs the relationship between individuals and the state, covering the decisions made by government departments, local authorities and other public bodies. When a public body acts unlawfully, unreasonably, or unfairly, there may be grounds to challenge that decision.
We advise individuals, businesses and community organisations who believe a public body has got a decision wrong, whether that's a local council, a government department, or another public authority.
Public law cases often move quickly, with strict time limits for bringing a challenge, so early advice is particularly important in this area.
Judicial review is the main mechanism for challenging the lawfulness of a decision made by a public body. It isn't an appeal against the decision itself, but a challenge to how that decision was made — for example, whether the public body followed the correct process, considered the relevant factors, or acted within its legal powers.
Human rights considerations often arise alongside public law challenges, particularly where a public body's decision affects an individual's rights under the Human Rights Act. This can include matters relating to family life, liberty, or fair treatment by the state.
Because judicial review claims are subject to strict time limits and a permission stage before a full hearing, early legal advice is essential. A claim that could otherwise succeed on its merits can be refused simply because it wasn't brought quickly enough.
It's a legal process for challenging the lawfulness of a decision made by a public body, rather than an appeal against the decision on its merits.
Judicial review claims are subject to strict time limits, so it's important to seek advice as soon as possible after the decision you want to challenge.
A wide range of public body decisions can potentially be challenged, provided there are valid legal grounds, such as unlawfulness, unreasonableness, or procedural unfairness.
Yes — in most cases, a pre-action letter should be sent to the public body first, giving them an opportunity to respond before proceedings are issued.
If successful, a court can quash the decision and require the public body to reconsider it, though it doesn't guarantee a different outcome.
No — businesses and community organisations can also be affected by public body decisions and may have grounds to challenge them.