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Challenging public bodies

Decisions made by public bodies may be subject to challenge in many areas e.g. discrimination, human rights; decision making.

Judicial Review is the procedure by which decisions of a public body can be challenged in court. Judicial Review involves a challenge to the legal validity of a decision. The court is more interested in the process of the decision making rather than the actual result.

A public body must act lawfully, fairly and reasonably, if it does not and abuses its powers or acts unreasonably then the Court can be invited to intervene.

Court proceedings offer a number of different remedies aside from the payment of damages. It can quash an order, grant an injunction requiring a public body to stop doing something or to take certain steps. It can make a declaration.

There are strict time limits and procedural requirements demanding real expertise.

Download our factsheet for more information 

Judicial review factsheet >

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