Last week, we were granted leave by Mr Justice Peart last week to institute judicial review proceedings against the Minister for Transport, Tourism and Sport. We are seeking to challenge a decision to refuse our client a road haulage licence on the basis that he does not satisfy the good repute requirement.
An application for judicial review is warranted in circumstances where a public body has not properly exercised their powers or exceeded their powers. It is open to an individual to challenge the decision-making process and to seek a variety of reliefs, including interim relief, from the Court.
It is essential to note that judicial review is concerned not with the outcome of the decision but with the decision-making process itself. Generally, a right of appeal will be available in circumstances where an individual is unhappy with the outcome of the decision. If however, the decision-making process is flawed, then judicial review may be the appropriate remedy.
For further details in relation to judicial review applications and remedies available in judicial review proceedings, see here.
