2 noted the low bar set by the Court in this jurisdiction for the granting of leave for JR, which further increases its attraction. ... Directives) makes it fertile ground for legal challenge. It is usually very clear from when that time runs. However, it can have costs disadvantages.The culmination of the second stage, the final hearing, will however usually take place a few months after receipt of evidence from the other parties and the claimant filing any further evidence. The other parties may or may not attend. We bring together lawyers of the highest calibre with the technical knowledge, industry experience and regional know-how to provide the incisive advice our clients need.

In many situations, a decision maker will be required to consult by statute, and any flaw in that process may vitiate the final decision.In March 2013, HS2 Action Alliance, a not-for-profit organisation working with other action groups opposed to the Government's proposal to build the "High Speed 2" rail link, were successful in their claim that the consultation process for the compensation scheme for blighted properties, on or near the route of HS2, was flawedIn relation to the right to reasons, there is a large body of case law that supports the existence of this general dutyAllied to the ground of procedural impropriety is the notion of "legitimate expectation". This concept is founded upon the principle of natural justice. Judicial review cannot be used to review the merits of a decision. It is important to be aware that:Judicial review has been described in one Government publication as "a growth industry". This is a constitutionally important aspect of English law. For example, you could have an "EIA screening decision" on whether to have EIA or not (which the average person, even one actively concerned about the planning application in question, may be unaware of, or unaware of its significance), a resolution by the planning committee to grant planning permission, and then, often many months later, the permission itself.Overall while there may be 6 weeks in planning cases and up to three months in non-planning law cases to take action, you cannot be dilatory or look as though you are acquiescing in a decision. This is known as a pre-action protocol (or PAP) letter. The first stage is to apply for "permission" to apply for JR (or permission to proceed to a full statutory appeal, as the case may be). For details of appeals to the Court of Appeal and beyond, see the appeals section.European law is to the effect that where the answer to a point is not clear in the European jurisprudence, a domestic court may refer it to the CJEU for a "preliminary ruling". English law imposes minimum standards of procedural fairness. How complex this turns out to be depends on the circumstances. Applying for or objecting to planning applications So, for example, the decision of a council not to do business with Shell on the grounds that Shell had interests in apartheid South Africa was held to be unlawfulA further category of illegality is where a body either abdicates or delegates responsibility for a decision or impermissibly fetters its discretion. In other words, it acts ultra vires (a concept imported from company law). If this is done, the hearing itself can proceed quite rapidly. The "twin pillars" of procedural impropriety have been described as "the rule against bias" and "the right to be heard"While actual bias is relatively rare, it is a conclusive factor in disqualifying a decision-maker. In other words, "whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the [decision] was biased"Thus, where the chairman of a planning committee had a close relationship with developers, apparent bias was foundThe right to be heard is fundamental in criminal and asylum cases, but also extends to commercial situations. Or that the interested party may have spent a lot of money - but did so before the relevant decision was made, or continued spending it even though on notice of the challenge.

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