Trinity barrister, Parissa Najah was a guest speaker at Chambers’ 2024 Housing Law Conference held in Leeds and delivered a talk entitled:
“You Cannot Be Serious” - A When and How Guide to Bringing and Defending Judicial Review Proceedings
Judicial Review is a legal remedy available in the High Court used to challenge certain decisions, actions or failures to act of public bodies, such as Local Authorities, in the exercise of their public functions. Judicial Review can also be used to challenge decisions made by bodies exercising public functions. On the application of a party with sufficient interest in the case, the Court conducts a review of the process by which a public body has reached a decision to assess whether it was validly made. It focuses on the process of decision-making rather than the merits of the decision itself.
Parissa walks through the Judicial Review process in the context of Housing Law, including providing some typical scenarios social landlords are likely to face. As well as examining the case law, Parissa also provides practical tips from her own experience of bringing and defending Judicial Review proceedings, such as the importance of record keeping, seeking early legal advice, clear communication, urgency of timescales, the need for early engagement, as well as having adequate training and robust policies in place.
Parissa’s presentation covers the following topics:
- When to Apply for Judicial Review
- Grounds for Judicial Review - Illegality, Irrationality & Procedural Impropriety
- Legitimate Expectation
- Pre-Action Protocol
- Preparing & Filing the Application
- Service of Judicial Review proceedings
- Defending Judicial Review proceedings
- Remedies - Quashing/Mandatory Orders, Declaration & Damages
There is a handout that accompanies the session. If you do not have a copy and would like one, please email paul@trinitychambers.co.uk.
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.