Search site
Contact our office
Bedminster office
Fishponds office
Kingswood office
Make an enquiry
Grounds and Remedies for Public Law and Judicial Review Claims
Understanding whether a decision can be challenged, and what the court can do about it, is an important first step in any public law case.
Judicial review is not simply about whether a decision feels wrong. It is about whether there are clear legal grounds to show that a public body has acted unlawfully, and whether the court can provide a meaningful way to put that right.
Our Judicial Review and Public Law team advises individuals, families and professionals across England on whether there are arguable grounds to challenge a decision and what outcome may realistically be achieved.
If you are unsure whether a decision may be challenged, early advice can help you understand your position and next steps with greater clarity.
To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.
Advice on whether there are arguable grounds to challenge a decision.
A clear explanation of what the court may be able to do in practice.
Support at an early stage where a matter is urgent or time-sensitive.
Guidance on whether Public Law Legal Aid funding may be available.
In many public law cases, decisions are challenged through judicial review. The legal reasons for doing so are known as the grounds of judicial review.
Judicial review is not a general appeal against a decision. It focuses on whether the public body acted within its powers, followed a fair process and applied the law correctly.
Illegality arises where a public body has acted outside its legal powers or has applied the law incorrectly.
In simple terms, the question is whether the decision-maker acted within the limits of the law.
We can help you assess whether a decision falls outside those limits and what that means in practice.
A decision may be challenged if it is so unreasonable that no reasonable public body, properly directing itself, could have made it.
This is a high threshold and often involves decisions that are difficult to justify when viewed objectively.
We will help you understand whether this threshold may be met in your situation.
Public bodies must follow fair procedures when making decisions, particularly where those decisions affect a person’s rights or interests.
Fairness is a central principle in public law, and failures in process can be just as important as the decision itself.
We can guide you through whether the process followed in your case was fair and lawful.
Depending on the circumstances, other legal grounds may also apply.
This may arise where a public body has made a clear promise or established a consistent practice, then departs from it without good reason.
This is particularly relevant in human rights cases, where a decision interferes with a person’s rights more than is necessary or justified.
Public law cases are often complex. Identifying the correct grounds requires careful legal analysis, and we can help you understand which grounds may apply and how strong your case may be.
The court has a range of powers to put things right. The aim is not to punish the public body, but to correct what has gone wrong and ensure decisions are made properly.
A quashing order cancels the decision completely. The public body must go back and make the decision again properly, applying the correct law and relevant information.
A mandatory order requires a public body to take a specific action where something should have been done but has not been.
A prohibiting order stops a public body from taking an action that would be unlawful. It can be important in urgent situations.
A declaration is a formal statement from the court explaining what the law requires in a particular situation.
In many cases, the outcome of a judicial review is that the decision is reconsidered properly rather than replaced by the court.
This can still make a significant difference, particularly where:
The aim is to ensure that decisions affecting you or your family are made fairly, lawfully and with the right information.
For many clients, this means having their situation properly considered for the first time.
Judicial review is not usually about compensation. It is about correcting decisions and making sure the right process is followed.
In some cases, further legal options may be available depending on your situation.
Judicial review is primarily concerned with correcting unlawful decisions rather than awarding compensation.
In most cases, the outcome is that the decision is reconsidered or put right.
In some situations, a separate claim for damages may be possible, but this depends on the specific circumstances.
Every case is different. The key questions are:
We will help you assess this clearly and realistically.
We will help you assess this clearly and realistically.
We will help you assess this clearly and realistically.
In some cases, early action can resolve the issue without court proceedings. In others, formal legal steps may be required.
Our team can assess the decision, explain the possible legal grounds and give realistic advice about what outcome may be achievable.
Our Public Law and Human Rights team supports individuals, families and professionals across England in challenging decisions made by public bodies.
We are widely recognised for specialist expertise and for acting in complex and often urgent cases where early action is critical.
Our approach is clear, practical and focused on helping you understand your position, options and next steps.
We guide clients from early advice and pre-action steps through to court proceedings where necessary.
Wherever possible, we focus on resolving issues efficiently and effectively, including opportunities to achieve a positive outcome without a full hearing.
We hold a Public Law Legal Aid contract and can advise whether funding may be available.
We provide clear, realistic advice from the outset and guide you through the steps that may be needed.
We review what the public body decided and how that decision affects you.
We consider illegality, irrationality, unfairness and any other relevant grounds.
We explain whether judicial review is the correct route or whether another option may be more suitable.
We give realistic advice about the remedy the court may be able to provide.
Where appropriate, we pursue pre-action steps and seek to resolve the issue without a full hearing.
If necessary, we guide you through court proceedings and the next stages of the case.
If you are considering judicial review or are unsure whether a public body decision can be challenged, our team can help you understand the possible grounds, likely outcomes and what action may be needed.
We advise individuals, families and professionals across England.
Read verified reviews from people who have used Watkins Solicitors.