Judicial Review

Our barristers have accepted instructions to act both for the claimant and defendant in a variety of cases where there has been a claim for judicial review.

Search warrants, decisions made by courts, tribunals and regulators as well as primary and secondary legislation that is incompatible with EU law or the European Convention on Human Rights can all be challenged by judicial review proceedings in the High Court. This mechanism is an important safeguard in preserving the rule of law and protecting against administrative excess.

Several members of Chambers have specialist knowledge and experience of advising and conducting judicial review proceedings in cases originating from criminal and quasi-criminal investigations, as well as challenging decisions by bodies whose public functions impact upon individuals and companies.

Claimants who have instructed members of 2BR include individuals and companies that have been affected by public-law decisions made by the police and the HSE, magistrates, judges and various tribunals.

Previous claimants have also sought to challenge decisions by the Criminal Cases Review Commission (CCRC), the Legal Services Commission (LSC), the Ministry of Justice (MOJ) and the Lord Chancellor.

In addition to challenging decisions or orders made by courts and tribunals, tenants of 2BR have been involved in challenging the lawfulness of search warrants obtained in criminal proceedings and in respect of evidential matters, such as the admission of hearsay evidence.

Barristers at 2BR have frequently been instructed by public bodies who seek to defend the decision in the High Court and by entities who are regarded as ‘Interested Parties’, such as the Crown Prosecution Service and privately-run prisons.

Members of Chambers have also been instructed in claims not directly linked to other proceedings, such as the separation of an imprisoned mother from her child and a challenge concerning prisoners’ access to the media.

Members have defended in cases where they acted at first instance and also when the body has decided to instruct counsel from 2BR especially for the appeal.

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