How Much Does a Judicial Review Cost?
According to the Legal Dictionary, Judicial review is ”the power of courts of law to review the actions of the executive and legislative branches.” In the US, there are 3 branches of government: Executive, Legislative, and Judicial. Each of these branches has certain responsibilities, but there is also a system of checks and balances that prevents one branch from becoming more powerful than the others. Judicial review is a type of court proceeding in which a judge evaluates the lawfulness of an action or decision made by a public body or a government official in one of these other branches. This procedures is one of the ways that the Judicial branch of government can keep itself level with the other branches. Judicial review is an American concept that was decided upon in the 1800s, one of the many ways that the US government unique among all other world governments. Judicial review is also a way for citizens to fight against a ruling that they find unlawful, unfair, or degrading. Any person may file for a judicial review and challenge the decision, action, or failure of a public entity such as a government department or a local official and other body with a public law position. Judicial review is often used by individuals seeking a mandatory order, a prohibiting order, a quashing order, a declaration, or damages.
How much does it cost?
- According to Justice.gov.uk, a fee of $60.00 is payable for every application for permission to apply for judicial review. Another $215.00 needs to be paid by an individual who wishes to pursue a claim if permission is granted.
- According to Leigh Day & Co Solicitors in London, the cost of judicial review claims can be more than $30,000 if a case is brought to a full hearing and the claimant does not succeed. The reason for this expense is that unsuccessful claimants may be ordered by the judge to pay the defendant’s legal costs on top of their own.
- According to The Public Law Project, a national legal charity, the total judicial review proceedings can cost at least $15,000. A claimant may also be ordered to pay the other party’s legal costs, which can be another $10,000 or so.
What is going to be included?
- In applying for a judicial review, an individual is usually required to file an application using a specified claim form, which should include or be submitted along with documents such as a detailed statement of the grounds for the claim, a statement of facts or basis of the claim, any application for extension of the time limit for claim form filing, as well as written evidence that supports the claim, a copy of any order the claimant seeks to be quashed, and a list of other essential documents.
What are the extra costs?
- A fee of $80.00 is payable for any application to adjourn a hearing made without the consent of all parties. In cases when all parties consent to an adjournment within 14 days of the date of hearing, a fee of $45.00 needs to be paid.
Tips to know:
- Individuals who wish to apply for a judicial review are advised to work with a solicitor since he can advise them on the costs associated with a judicial review application and the possibility of success.
- For a claimant to be successful with a judicial review claim, he must be able to prove that the public body performed an unlawful act or that he has a very strong case pertaining to irrationality and unfairness.
- It is best to have the backing of a solicitor who has had significant experience in handling judicial review cases.
How can I save money?
- The costs associated with applying for a judicial review are basically the same, as well as the fees that need to be paid in order to pursue a case. Some fees, such as those related to adjournments, may be avoided depending on the situation.
- If you are the one seeking a judicial review, try to rally a group of people who agree with you to share in the case so that you can split the costs. Or, instead of forming a group, you can simply ask for monetary donations to help the cause.