A judicial review is a mechanism by which any decision of any public law body can be reviewed by a High Court Judge, where it is contended that the decision maker did not act within their powers, or that the decision was unreasonable etc
The specific types of relief that can be sought are:
- Certiorari - overturn/quash a decision
- Mandamus - compel an action
- Prohibition – prevent action being taken
- Declaration – seek a judge’s determination on an issue
- Injunction – prevent an action.
To start a judicial review case you need three documents: a statement of grounds, a grounding affidavit and an ex parte docket. They should all be on A4 size paper. You must file the documents in the Central Office of the High Court. To issue the documents check the following:
- Have you paid the correct court stamp duty
- Have you enclosed two copies of your documents? - which will be returned to you
- Have you included a stamped self-addressed envelope, if filing by post?
- If the applicant is under 18 (a ‘minor’), have you attached a consent form signed by their ‘next friend’?
The Statement of Grounds:
- Name, address and description of the Applicant
- Reliefs sought plus the grounds upon which the relief is sought
- Name and registered place of business of the solicitors (if any) or in the case of a lay litigant, the applicants address for service
Affidavit **insert link here (link to sample affidavit below) The affidavit should verify the facts in the statement and should comply with the guidelines on affidavits (link to affidavit of verification). **insert link here
Applications for leave to apply for Judicial Review are made on a Monday during the legal term. A booklet of papers to support the application must be left in the High Court Central Office by 11.15 on the morning of the application. The applicant then makes an ex-parte application to court. (link to ex-parte docket below) **insert link here
If the application is granted the applicant has to issue a notice of motion for the substantive relief sought. A return date (next date to appear in Court) for the notice of motion will be given by the Court.
This motion cannot be issued until the order granting leave to apply has been drafted. This motion must be issued within seven days of the perfection date (the date the order is signed by the court registrar) of the order unless the order specifies another time limit. The order may give further directions.
Sample documents required for an application for Judicial Review:
Statement of Grounds **insert