Key facts
•Judicial review may be appropriate when there is no other effective remedy available to you.
•Most judicial review proceedings must be started in the High Court in England and Wales, or Court of Session in Scotland, promptly and within three months of the decision you want to challenge.
•Judicial review of an Upper Tribunal decision to refuse permission to appeal from the First-tier Tribunal must be started within 16 days.
•In England and Wales, you must usually follow a judicial review pre-action protocol before going to court. The protocol does not apply in Scotland.
•Where judicial review is appropriate, a ‘letter before action’ sent by your representative will often resolve the problem without going to court. You can get advice from an advice agency; you do not need a solicitor to send a ‘letter before action’.
•If you are thinking about going to court, get advice from a solicitor. Legal aid is available for judicial review under a public law legal aid contract.