Judicial Review

[steveeasy]

We have contract with an organisation. Its been breached several times in the last four years. The organisation thinks it can change the terms when ever they feel like it or it suits. the latest breach is the one that has broken the camals back.

Weve got a solicitor to write a detailed letter setting out the breaches and giving them 30 days to rectify the breaches. 30days is the time period for complaint resolution as a condition in the contract. the solicitorhas said if they don't agree well need to do a judicial review. I don't really understand this. I understand How to sue for breach of contract, but don't understand the difference of a judicial review. any advice appreciated.

Steveeasy

[EXC]

We have contract with an organisation.

Without knowing who ''we'' are and who the

organisation is it's difficult to know if the Judicial Review process applies. You can only challenge certain types of decisions made by certain public bodies by way of Judicial Review. JRs are not a commercial remedy and are complicated and expensive and in any event only challenge the process by which a decision was made and not the actual decision itself.

[steveeasy]

Hi,
the organisation is called British Dressage. the issue is breach of contract. the solicitor said it would be dealt with through judicial review. well ive been reading what I can find and if a contract exists and its a breach of contract, it says its not for judicial review. I dont know much about this and I can only go on what ive been told so i end up trying to research it.

thanks for your reply.

Steveeasy

[steveeasy]

well looks like im in a pickle again then. I went to see a solicitor 2 weeks ago. asked for a payment before even going through the door. I was asked to pay in advance for the initial letter to go off.paid that there and then. letter to be ready last Wednesday if not earlier. Friday called sorry no time be ready Monday. nothing. no apology, no im sorry. good job its not judicial review as the time limit is counting.

Looks like ill be sueing for breach of contract twice then.!!. wasted time and effort.

Steveeasy

[R0b]

Have you asked the solicitor why judicial review and not breach of contract, that might have been the sensible thing to do first.

On the face of it, I would agree that the alteration of terms with British Dressage would be breach of contract now judicial review because a judicial review is about the lawfulness of a decision or actions of a public body. I can't see that they are a public body, rather a limited company by guarantee.

Whilst on the subject, if they are altering the terms of the contract then and the contract does not allow for that, then you do not have to comply. Equally, they could be in repudiatory breach by dictating alternative terms that were not required originally.

[steveeasy]

Hi Rob,
The contract states they will consult existing businesses within 50 miles of any new venue being proposed. They simply set up a new venue 1 mile from our business without consultation at all.. that's the first breach and its happened 3 times before with several different excuses each time saying they can. the second breach has to do with event days. dates have to be submitted in specific windows. then the organisation just added 30 more dates outside the window for the new business next to us. no provision for this in the contract, they just do what they want.

an organisation like this is heavily influenced by money. the people involved are clever and im sure business women and men, but simply cant adhear to the contract we have. not even sure they think they have too, quite extraordinary hence the need to deal with the matter. ive no idear why the legal advisor said judicial review, Ive also no idea what hes up too.

I suspect he is a little out of his depth perhaps. no reason for not doing what he was paid to do though. just makes the matter harder to address.

Steveeasy