Judicial Review is the process of challenging the lawfulness of decisions made by the public authorities, usually local or central government.
It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. The court will not substitute what it thinks is the 'correct' decision.
In turn, this usually means that the decision has to be made again. In planning cases, the application will be reconsidered, having rectified any defects found.
The three principles of judicial review are as follows:
1. The Constitution is the supreme law of the country.
2. The Supreme Court has the ultimate authority in ruling on constitutional matters.
3. The judiciary must rule against any law that conflicts with the Constitution.
Why do I need Judicial Review Insurance?
Judicial Review cover provides protection against the quashing of planning permission, resulting from a successful application for judicial review.
This insurance policy protects against any financial loss. This insurance is also an important security for bank funding and external investment.
Who needs Judicial Review Insurance?
Property developers will benefit from the policy most, providing vital protection in the event of planning permission being revoked.