Judicial Review - help please

[JCE]

It looks like I may be forced to apply for Judicial Review against a public body as a last resort and I would be grateful for some advice regarding the requirements of the pre-action protocol (or PAP) letter - how comprehensive does this have to be and to which extent would any omissions or aspects I may not be aware of at the the time of drafting it effect any subsequent stages of the Judicial Review?

Depending whether I might be able to secure legal support - what are the financial risks if I applied for and entered Judicial Review proceedings as a litigant without solicitor (provided I would be granted permission)?

Thanks to everyone for helpful comments in advance!

[enquirer]

Re: Judicial Review - help please

Your paperwork will have to be very good indeed - after all, you are saying that what has gone before is wrong. Depending on the nature of your case, you might be able to find someone to take it pro bono.

[charitynjw]

Re: Judicial Review - help please

This may help - http://www.help4lips.co.uk/ (lips being litigants in person!)

[Guest]

Re: Judicial Review - help please

It looks like I may be forced to apply for Judicial Review against a public body as a last resort and I would be grateful for some advice regarding the requirements of the pre-action protocol (or PAP) letter - how comprehensive does this have to be and to which extent would any omissions or aspects I may not be aware of at the the time of drafting it effect any subsequent stages of the Judicial Review?

Depending whether I might be able to secure legal support - what are the financial risks if I applied for and entered Judicial Review proceedings as a litigant without solicitor (provided I would be granted permission)?

Thanks to everyone for helpful comments in advance!

Can we ask what the issue is ?

[JCE]

Re: Judicial Review - help please

Your paperwork will have to be very good indeed - after all, you are saying that what has gone before is wrong. Depending on the nature of your case, you might be able to find someone to take it pro bono.

Thanks, I have applied with one organisation, however I don't know if they will accept it yet.

[JCE]

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[EXC]

Re: Judicial Review - help please

Judicial Reviews are major High Court litigation proceedings and unless you are prepared to lose hundreds of thousands of pounds in costs you shouldn't consider it.

[JCE]

Re: Judicial Review - help please

Judicial Reviews are major High Court litigation proceedings and unless you are prepared to lose hundreds of thousands of pounds in costs you shouldn't consider it.

Thanks for your advice, however I am not sure, if the cost region you are referring to is necessarily that high - there have been already between one and two dozen Judicial Reviews brought against this particular public body and given that the overall clientele of the applicants is presumably not that wealthy and one even acted as litigant (this person actually was the only one who won his case), the costs may be a bit lower - at least the application costs are not that high.

[charitynjw]

Re: Judicial Review - help please

http://www.justice.gov.uk/courts/pro...tocol/prot_jrv

[charitynjw]

Re: Judicial Review - help please

http://www.leighday.co.uk/LeighDay/m...e.pdf?ext=.pdf

[CleverClogs]

Re: Judicial Review - help please

http://www.justice.gov.uk/courts/pro...tocol/prot_jrv

That mentions an Aarhus Convention Claim - http://en.wikipedia.org/wiki/Aarhus_Convention

[EXC]

Re: Judicial Review - help please

Thanks for your advice, however I am not sure, if the cost region you are referring to is necessarily that high - there have been already between one and two dozen Judicial Reviews brought against this particular public body and given that the overall clientele of the applicants is presumably not that wealthy and one even acted as litigant (this person actually was the only one who won his case), the costs may be a bit lower - at least the application costs are not that high.

You misunderstand.

Unless you can obtain a protective costs order, which in most cases would be unachievable, you will be liable for the defendant's costs in defending the claim should you lose for which you have no control over and which can be eye-wateringly high.

[JCE]

Re: Judicial Review - help please

You misunderstand.

Unless you can obtain a protective costs order, which in most cases would be unachievable, you will be liable for the defendant's costs in defending the claim should you lose for which you have no control over and which can be eye-wateringly high.

Thanks for your advice - I have been aware that I would risk having to pay the defendant's cost.
Have you ever applied for a Judicial Review?
What are the criteria for a protective cost order and where can I find more information about this?
Besides there are a number of examples of PPI-related Judicial Reviews on here hence it cannot be that impossible.

[EXC]

Re: Judicial Review - help please

What type of public body is it?

There was only one PPI related Judicial Review for which the claimant who bought it lost and had to pay in excess of £1m in costs.

[pt2537]

Re: Judicial Review - help please

You misunderstand.

Unless you can obtain a protective costs order, which in most cases would be unachievable, you will be liable for the defendant's costs in defending the claim should you lose for which you have no control over and which can be eye-wateringly high.

Indeed, and if the Defendant chooses a top london firm and engages a number of fee earners in defence of the matter, you could be running £1k per hour plus in fees.

It may be worth looking to see if there is any legal insurance available to cover costs, such as ATE policies, otherwise as Exc says i would avoid like the plague