Barristers4U Legal Guides

Judicial Review Barrister Pre-Action Checklist

Use this guide to organise the decision, timetable and papers before asking whether a barrister can help with a judicial review issue.

Identify The Decision

Judicial review is usually about the lawfulness of a public body decision or failure to act, rather than a full rehearing of the underlying merits.

• The decision letter, email, notice or refusal being challenged.
• The date the decision was made and the date it was received.
• Any reasons given by the public body.
• The public body or decision maker involved.
• Any policy, guidance, contract or statutory scheme referred to in the decision.

Check Urgency And Alternative Routes

Public law deadlines can be strict. A barrister can usually assess the position faster when the urgency and available alternatives are clear.

• Any appeal, review, complaint or reconsideration route already used.
• Any pre-action correspondence already sent.
• The practical harm if the decision remains in place.
• Whether interim relief may be needed before a final hearing.
• Any dates when the decision will take effect.

Prepare The Remedy Requested

A clear remedy helps focus the quote request. The question may be whether the decision should be reconsidered, quashed, stopped temporarily or explained more fully.

• What outcome you want from the public body.
• Whether the issue is urgent or can wait for a response.
• Any draft letter before claim or response received.
• A short chronology of the key events.
• The documents that show why the decision is said to be unlawful.

Source/review note: judicial review deadlines and pre-action requirements are specialist and fact-sensitive. Check current Civil Procedure Rules, Administrative Court guidance and any specific statutory route before publishing procedural detail.