‘According to Civil Procedure Rule 54.1, a claim for judicial review is a claim to review the lawfulness of an enactment or a decision, action or failure to act in relation to the exercise of a public function. But as the Supreme Court made clear on 16 October 2024 in Re an application by Noeleen McAleenon for Judicial Review (Northern Ireland) [2024] UKSC 31 (at paragraph 50): ‘The forms of relief available in a claim for judicial review are discretionary…’ Moreover: ‘A court may refuse to grant leave to apply for judicial review or refuse a remedy at the substantive hearing if a suitable alternative remedy exists but the claimant has failed to use it.’ For: ‘As stated in R (Glencore Energy UK Ltd) v Revenue and Customs Commissioners [2017] EWCA Civ 1716…“judicial review in the High Court is ordinarily a remedy of last resort, to ensure that the rule of law is respected where no other procedure is suitable to achieve that objective”.’ So if: ‘…other means of redress are conveniently and effectively available, they ought ordinarily to be used before resort to judicial review’. ‘
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Law Society's Gazette, 20th March 2026
Source: www.lawgazette.co.uk