Public law and judicial review barrister advice

Public law governs how public authorities exercise their powers and perform their duties. Decisions made by local authorities, government departments, regulators and other public bodies can have serious consequences for individuals, businesses and organisations.

Barristerly provides a straightforward way to obtain focused online advice from an experienced Public Access barrister about public law and judicial review issues in England and Wales.

The barrister can help you understand whether a decision may be legally challengeable, identify the appropriate procedure and consider what practical steps should be taken next.

Examples of public law matters we may be able to help with

Unlawful decisions by public authorities

A public body must act within the powers given to it by legislation and must use those powers for a lawful purpose.

Advice may cover:

  • whether the authority had the legal power to make the decision;

  • whether it has misunderstood or misapplied the relevant legislation;

  • whether it has exceeded the limits of its statutory powers;

  • whether it has acted for an improper purpose;

  • whether it has failed to perform a statutory duty;

  • whether it has unlawfully restricted or fettered its discretion; and

  • the legal consequences of an unlawful decision.

Procedural unfairness

Public authorities are generally required to adopt a fair procedure, particularly where a decision may substantially affect a person’s rights or interests.

A barrister may advise on:

  • failure to provide adequate notice of a proposed decision;

  • failure to give a person a proper opportunity to respond;

  • refusal to consider relevant representations or evidence;

  • failure to disclose important information;

  • apparent bias or predetermined decision-making;

  • inadequate consultation;

  • failure to follow a published policy or procedure; and

  • failure to provide adequate reasons for a decision.

Failure to consider relevant circumstances

A public authority may act unlawfully if it ignores matters it was required to consider or relies upon matters that were legally irrelevant.

Advice may concern:

  • failure to consider relevant evidence;

  • failure to address an individual’s particular circumstances;

  • reliance upon inaccurate or incomplete information;

  • failure to make necessary enquiries;

  • rigid application of a general policy;

  • failure to consider an exception to a policy; and

  • decisions based upon factual or legal misunderstanding.

Unreasonable or disproportionate decisions

Not every mistaken or harsh decision is unlawful. However, a decision may be challengeable where it is legally irrational, unreasonable or disproportionate.

A barrister may assess:

  • whether the decision was reasonably open to the authority;

  • whether the authority has reached a conclusion unsupported by the evidence;

  • whether the reasons given are internally inconsistent;

  • whether the decision imposes an excessive or disproportionate burden;

  • whether relevant rights and competing interests were properly balanced; and

  • whether a less restrictive course should have been considered.

Legitimate expectations and published policies

Statements, promises, established practices and published policies may create a legitimate expectation about how a public authority will act.

Advice may cover:

  • whether a clear promise or established practice exists;

  • whether an individual was entitled to expect consultation or a particular procedure;

  • departure from published guidance or policy;

  • whether the authority has given adequate reasons for changing its approach; and

  • whether it would be unfair or unlawful for the authority to depart from the expectation.

Local authority decisions and enforcement

Local authorities exercise extensive powers in relation to housing, planning, licensing, environmental regulation and other matters.

Examples may include:

  • housing enforcement decisions;

  • improvement notices, prohibition orders and civil penalties;

  • planning and building-control enforcement;

  • licensing decisions and enforcement action;

  • statutory notices and demands;

  • decisions concerning local authority services;

  • failure to investigate or respond to a complaint;

  • inconsistent or oppressive enforcement; and

  • failure to follow the authority’s own policies or procedures.

Some decisions are subject to a specific statutory appeal rather than judicial review. The barrister can help identify the correct route and any applicable deadline.

Regulatory and disciplinary decisions

Advice may be available concerning decisions made by regulators, disciplinary bodies or organisations exercising public functions.

This may include:

  • the opening or conduct of an investigation;

  • interim restrictions or suspensions;

  • procedural unfairness;

  • disclosure and evidential issues;

  • findings and sanctions;

  • internal review or appeal procedures; and

  • whether a decision may be challenged by statutory appeal or judicial review.

Equality, discrimination and reasonable adjustments

Public bodies must comply with the Equality Act 2010 and, where applicable, the public sector equality duty.

Advice may concern:

  • discrimination arising from a public authority’s decision or conduct;

  • failure to consider disability, age or other protected characteristics;

  • failure to make reasonable adjustments for a disabled person;

  • inaccessible procedures or communications;

  • failure to consider the impact of a decision upon an individual;

  • compliance with the public sector equality duty; and

  • the relationship between an Equality Act claim and a public law challenge.

Complaints, reviews, ombudsmen and statutory appeals

Judicial review is not always the first or most appropriate remedy. Another procedure may provide a quicker, less expensive or more effective solution.

A barrister may advise on:

  • internal complaints and review procedures;

  • reconsideration requests;

  • statutory appeals;

  • tribunal proceedings;

  • complaints to an ombudsman;

  • representations to the decision-maker;

  • pre-action correspondence; and

  • whether an alternative remedy should be pursued before judicial review.

Judicial review

Judicial review is the procedure by which the courts supervise the lawfulness of decisions and actions taken by public bodies. It is concerned primarily with whether the decision was made lawfully, rather than whether the court would have reached a different decision.

Advice may cover:

  • whether the proposed defendant is amenable to judicial review;

  • whether the claimant has a sufficient interest in the matter;

  • the possible grounds of challenge;

  • whether an adequate alternative remedy exists;

  • whether the claim has a realistic prospect of obtaining permission;

  • the evidence likely to be required;

  • the application of the Judicial Review Pre-Action Protocol;

  • possible remedies; and

  • the costs and practical risks of proceedings.

Potential remedies may include a quashing order, prohibiting order, mandatory order, declaration or injunction. Damages are not ordinarily available merely because a public law error has occurred, although they may be recoverable where a separate legal basis exists.

What advice can the barrister provide?

Depending on the questions accepted, the barrister may help you understand:

  • whether the authority appears to have acted lawfully;

  • the possible grounds for challenging its decision;

  • the strengths and weaknesses of your position;

  • whether further evidence or information is required;

  • whether reasons or disclosure should be requested;

  • which complaint, review, appeal or court procedure may apply;

  • the remedies potentially available;

  • the urgency of the matter and any relevant deadlines; and

  • the practical steps you should consider taking next.

Fixed-fee online public law advice

The Barristerly package costs £750, including VAT, and provides up to two hours of the barrister’s professional time in total.

It ordinarily includes:

  • advance consideration of your information;

  • review of up to 20 pages of the most relevant documents;

  • an online consultation of up to 60 minutes; and

  • a short written summary of the principal advice and recommended next steps.

The remaining time is divided between preparation and producing the written summary at the barrister’s professional discretion.

Relevant documents might include the decision under challenge, the authority’s reasons, statutory notices, policies, relevant correspondence, complaint or review decisions and any appeal documents.

Is the fixed-fee package suitable for every public law matter?

The package provides focused advice on defined questions. It is not intended to include extensive evidence gathering, substantial legal research, drafting a complete judicial review claim, preparing detailed grounds, conducting proceedings or representation at a hearing.

Public law cases can involve substantial documents, complicated statutory schemes and very short deadlines. The barrister may ask you to narrow your questions or documents, decline the instruction or discuss separate terms for additional work.

Important information about time limits

Public law and judicial review time limits can be particularly short. A judicial review claim must be brought promptly, and some types of decision are subject to specific and shorter statutory time limits.

Using Barristerly or requesting an appointment does not stop time running or extend any complaint, appeal or court deadline. If the matter is urgent, you should identify the relevant decision and deadline clearly when making your request.

Request a public law consultation

Choose an available appointment and tell us briefly about the public authority’s decision or conduct, the date of the decision and the questions you would like answered.

Your request remains provisional until the barrister has completed the necessary conflict and suitability checks and confirmed the instruction in writing.

[Request a consultation]

Barristerly is an independent booking and introduction service connecting clients with participating independent Public Access barristers. Barristerly is not a firm of solicitors or a barristers’ chambers and does not itself provide legal advice.