Judicial Review proceedings enable challenges to decisions made by Courts and Tribunals, by regulators and by bodies whose public functions impact upon individuals and companies. This jurisdiction is an important protection of the rights of the individual against administrative irrationality or excess.
We have specialist experience seeking Judicial Review in cases flowing from our other practise areas, challenging decisions in criminal and quasi-criminal investigations. Members have acted for claimants seeking to challenge decisions made by the police, the Ministry of Justice, the Home Office, the Crown Prosecution Service, the Criminal Cases Review Commission (CCRC), the Information Commissioner, the Asset Recovery Agency, the Legal Services Commission, the Magistracy, Judges and various Tribunals.
These cases have included challenges to the lawfulness of pre-charge search warrants, decisions to prosecute children, actions by solicitors resisting Special Procedure search warrants, challenges to the lawfulness of the application of the sending procedure by Magistrates Courts, preserving the anonymity of young offenders in extreme cases, applicability of the reasonable time requirements in Article 6 to enforcement of Confiscation Proceedings, decisions on appellate referral by the CCRC, treatment of prisoners and the review of Parole Board decisions.
Within the criminal trial process, our members have expertise at first instance, on domestic appeal and applications in the European Court of Human Rights and the OHCHR, challenging a range of human rights violations, as well as the compatibility of primary and secondary legislation with the European Convention for the Protection of Fundamental Human Rights and Freedoms (ECHR) such as the hearsay provisions in CJA 2003, the reverse burden in s.90 Financial Services Act 2012, and the Attorney -General’s exercise of the right of nolle prosequi.
We act nationally and internationally for people whose human rights are in issue in other forums including actions against the police, extradition, international law, in Prisoners’ Rights, and at Coronial Inquests.
Members have advised and acted on behalf of individuals, governmental organisations and major NGO’s in providing international human rights expertise.
Our members provide advice and representation in cases concerning Prison Law, including issues relating to the welfare of prisoners, to Parole Board hearings, and the release and recall of prisoners.
Coronial Inquests engage the rights of many groups; members have experience representing interested parties, insurers and the families of the deceased. We offer particular expertise where there is a potential engagement of criminal or regulatory proceedings, acting for insurers and their policy holders.