Residential Environmental and Planning Law Solicitors

Judicial review (JR) is a type of court proceeding where a judge looks at the legality of a decision or action made by a public body. It’s an effective route for many environmental and planning cases. The process entails:

• Pre-action: We send a pre-action protocol (PAP) letter to the proposed defendant setting out your claim and what we're seeking. A response is expected within 14 days.
• Permission: If the response isn't satisfactory, we’ll apply for permission for judicial review, submitting evidence to show you have an arguable case.
• Substantive stage: Once permission has been granted, your claim will proceed. The defendant and any interested parties will try to undermine any evidence you have given. Both parties will submit skeleton arguments (summaries of the respective legal cases for the judge to read).

Final hearing: The judge will pass judgement – sometimes orally there and then, sometimes “handed down” in writing later. Handed down judgements are preferred as they’re usually more considered. There will then be a discussion about who pays the costs and whether permission to appeal should be given.

Planning or environmental judicial review can be funded by residents or campaign groups, or private payment.

There are also ways to limit your exposure to the defendant's costs if the case is lost, including:

• 'Before the Event' insurance: Covers the legal costs of both sides if the case is lost – but is increasingly difficult to obtain.
• Cost Capping Orders (CCOs): Applying to public interest cases, CCOs may provide some protection against the defendant's costs.

However you fund your case and whatever the cost, we’ll always advise you on the best course of action to suit your circumstances.

Once you've got in touch with one of our environmental and planning law experts, they will assess the strength of your claim from every angle We've helped our clients with all manner of cases and will always discuss the best possible legal remedy and procedure for your case.

We will also discuss costs and funding options for your case. Although many of our clients choose to fund their cases privately, we hold a contract for legal aid for this area of law for those clients who are unable to fund their cases themselves.

For environment and planning cases the court will respond to the urgency of the claim and can make orders immediately if needs be. However, if there is no such urgency, then claims usually take around 6-9 months to be decided.