Appeals and Judicial Review

As well as our work in representing registrants in fitness to practise proceedings in front of their regulators, we also advise and assist registrants with appeals to the High Court. We have a good record of success in appeals, with a very simple approach - we don’t take any appeals unless we think that there’s a valid appeal point in what the client wants to appeal; and then we take advice from experienced appeal barrister, Rory Dunlop KC, on whether he agrees there is a valid appeal. If he does, we appeal. If he doesn’t, then we don’t take the case.

Very recently, we had a case where the regulator made a decision that we thought ought to be judicially reviewed. Judicial Review applications are also made in the High Court, but they are a very specific and specialised type of appeal, which are rarely successfully made. In fact, you have to apply to the High Court for permission for the court even to consider the appeal.

We had asked the regulator to reverse their decision, but they refused. So, the usual process was applied. We sought advice from Rory, and he gave the go ahead and drafted the appeal.

It is very expensive to appeal or apply for Judicial Review. The saving grace is that if you win your appeal against a regulator you will get all or most of your legal fees refunded by the regulator.

We learned today that the regulator has conceded the Judicial Review, meaning they’ve admitted that their decision was invalid. They’ve agreed to cancel their decision and pay our client’s legal costs.

Our client is ecstatic, as you might imagine. This was our first judicial review, and so now we can say we also have a good record of success in judicial review applications - 100%!