What is Judicial Review?

If you have been affected by a decision of the State, a State Body or a Regulatory Body and you are dissatisfied with that decision, you can challenge that decision in the Courts. The application that you make to the Court to challenge such a decision is known as an application for Judicial Review.

What decisions can be Judicially Reviewed?

Judicial Review applications frequently arise in relation to the following areas:
Social Welfare Refusals
Disability Law
Childcare Law
Suspensions and Expulsion from Secondary School and Third Level Institutions
Revenue Decisions
Decisions of Planning Authorities
Decisions of County Councils and Local Authorities
Decision of Semi-State Bodies
Ministerial Decisions
Inquest Verdicts
Decisions of Sporting Bodies
Decisions of Professional Regulatory Bodies including:
  • The Teaching Council 
  • Education and Training Boards 
  • Nursing and Midwifery Board of Ireland 
  • Irish Medical Council
  • Dental Council 
  • Law Society of Ireland 
  • Pharmaceutical Society of Ireland
Time Limit :
An application for Judicial Review must be made within 3 months of the date of the decision. In some cases, if there is a good and sufficient reason for doing so, the Court may consider an application made after the 3 month time limit however this will be entirely at the discretion of the Court.

Judicial Review

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Decision v Decision Making Process:

The laws establishing State and Regulatory Bodies often set out strict legal procedures that these bodies must follow in arriving at a decision. While the Courts are entitled to review the merits of the decision itself, it is frequently the case that a Judicial Review application will be successful due to the incorrect procedure being followed when arriving at the decision.
What happens if my application for Judicial Review is successful :
If your application is successful, the Court may order one or more of the following:
  1. Certiorari – An order quashing the decision;
  2. Remittal – An order requiring the body to reconsider the decision;
  3. Mandamus – An order requiring the body to perform a statutory duty;
  4. Prohibition – An order preventing the body from acting unlawfully;
  5. Damages – An order requiring the body to pay compensation to you;
  6. Injunctive Relief – An order requiring the body to act or preventing the body from acting, usually given at an early stage in proceedings pending the outcome of the substantive Judicial Review application;
What to do if you are dissatisfied with a decision of the State, a State Body or a Regulatory Body :

If you are dissatisfied with a decision and wish to Judicially Review that decision, gather all correspondence from the body concerned and
Contact us without delay on
042 932 8053