Judicial Review is a mechanism by which an application can be made to the High Court to challenge the decision making processes of administrative bodies and lower courts as regards whether the decision is unconstitutional or illegal. An Application for Judicial Review can be brought against any person or body exercising a public function.
There are three main grounds of judicial review: illegality, procedural unfairness, and irrationality. A decision can be overturned on the ground of illegality if the decision-maker did not have the legal power to make that decision.
If you have been subject to a Decision from a State or Public Body which you feel is not in accordance with the constitution it may be possible to challenge that Decision by way of an Application for Judicial Review in the High Court.
Our Judicial Review Team have successfully challenged the Decisions of various State Bodies, for example, Department of Defence, County Councils, Education & Training Boards, Residential Institutions Redress Board.
This is a very complex and specialized area of law on which we can advise you fully.
The time limits in which you may make the Application to Court in respect of Judicial Review are very short and therefore you should contact us immediately you become aware of the Decision which you wish to challenge.
*In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other monies) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or monies that become payable to the client in respect of legal services that the legal practitioner provided to the client. You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Byrne Carolan Cunningham LLP Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors. In the event that a client is unsuccessful in bringing a legal action they may be liable to pay the costs of the successful party.