Substantive Judicial Review (JR) After Grant Of Permission

• Page Contents
• Overview
• No Win No Fee For Judicial Review
  Against The Home Office, UKVI
• Payment Of Continuation Fee
• Court Procecedures For Substantive Hearing
• Costs Order Against The Losing Party
• How Can We Help?
• Our Team Of Immigration Solicitors
• Ask A Question For Free Advice
• Book An Appointment
• Why Choose Us?

After the grant of permission to apply for Judicial Review (JR) against the Home Office, UKVI, the Substantive Judicial Review (JR) hearing will take place to decide whether or not the refusal decision of the Home Office UKVI was unlawful. It is very common that after the grant of permission to apply for Judicial Review, the Home Office UKVI will invite you to withdraw the Judicial Review (JR) from the court with mutual consent of the parties and upon the UKVI agreeing to reconsider the matter and agreeing to pay the reasonable legal costs of the Applicant / Claimant.

If the Judicial Review is not settled or withdrawn, the matter will proceed to Substantive Judicial Review hearing and sometimes there may also be a pre-hearing known as a case management conference, or an interim relief hearing to take a view on an urgent element of the Judicial Review (JR). Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist immigration solicitors for challenging the UKVI decision by way of Judicial Review.

No Win No Fee For Judicial Review (JR) Against The Home Office UKVI

Our specialist team of immigration solicitors can act for your Judicial Review (JR) against the Home Office UKVI on no win no fee basis which means you will not have to pay our legal costs if you do not succeed in your Judicial Review and if we do succeed in the Judicial Review (JR) we will recover our legal costs from the Home Office UKVI.

The no win no fee agreement does not cover disbursements or third party costs e.g. court fee and Barrister fee in relation to your Judicial Review proceedings and you will have to pay such costs for us to prepare and issue the Judicial Review proceedings. If we recover our legal costs from the Home Office UKVI in the event of succeeding in Judicial Review proceedings, the disbursement which you would have paid would be refunded back to you as such disbursements will also be recovered from the Home Office UKVI. However, if we are not able to recover our legal costs from the Home Office UKVI, you will not be able to get the refund of court fee and the Barrister's fees. It is also important that if you fail in your Judicial Review claim, the court may order legal costs of the Home Office UKVI to be paid by you.

Please note that we will only take on your case on no win no fee basis if we find that there are good grounds to challenge the unlawful decision of the Home Office UKVI.

Payment Of Continuation Fee

Once the permission to apply for Judicial Review (JR) has been granted by the court, the Applicant / Claimant is required to pay the court fee known as continuation fee. The continuation fee must be paid within 9 days the decision of the court granting permission to proceed with Judicial Review (JR). Non-payment of the continuation fee may lead to the court dismissing the Judicial Review application / claim and closing the case file.

Court Procedures For Substantive Judicial Review (JR) Hearing

After the grant of permission to apply for Judicial Review (JR), the court will give directions for the parties to comply with. The Respondent is directed to submit detailed grounds of defense. Nearer the substantive Judicial Review (JR) hearing date Barristers for both sides will submit written arguments as to why the Judicial Review (JR) claim should either be allowed (on behalf of the claimant) or dismissed (on behalf of the Home Office). These are called 'Skeleton Arguments'.

The applicant may not rely on any grounds, other than those grounds on which the applicant obtained permission for the Judicial Review proceedings, without the consent of the court. The court must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any change to the time and place of the hearing. If a party fails to attend a hearing, the court may proceed with the Judicial Review hearing if the court:

• is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
• considers that it is in the interests of justice to proceed with the hearing.

The case will then have a substantive court hearing at which oral arguments are made by both the Applicant's and Respondent's legal representatives. The court will then deliver a final judgment, which will either allow the application for Judicial Review and provide a form of relief in a court order, or dismiss the application by upholding the Home Office’s position.

Costs Order Against The Losing Party

The court may order legal costs to be paid by the losing party to the winning party as a result of outcome of the Judicial Review (JR) following substantive Judicial Review (JR) hearing. If you win the Judicial Review (JR) against the Home Office, UKVI, we will recover all our reasonable legal costs from the Home Office UKVI. If you lose the Judicial Review (JR) and your Judicial Review claim / application is discussed by the Judge, you may be ordered to pay the reasonable legal costs of the Home Office UKVI in relation to the Judicial Review proceedings.

How Can We Help?

Our specialist team of immigration solicitors can represent you in your Judicial Review after the grant of permission for Judicial Review. The immigration casework to be carried out by our immigration solicitors will entails the following in relation to your Judicial Review after the grant of permission for Judicial Review:

• Our immigration solicitors will advise you about the relevant immigration laws and procedures to be adopted by the court in your Judicial Review substantive hearing;
• Our immigration solicitors will discuss with you the grounds on which permission to proceed with the Judicial Review has been granted and advise you about the weaknesses and strengths of your Judicial Review (JR) matter;
• Our immigration solicitors will liaise with the Government Legal Department (GLD), if necessary, for the Judicial Review to be settled with consent of both parties upon settlement terms which favour the Applicant / Claimant;
• Our immigration solicitors will prepare a detailed Brief to Counsel (Barrister), explaining in detail the case history and the key legal issues in the Judicial Review (JR) matter;
• Our immigration solicitors will instruct the Barrister for skeleton arguments to be prepared to be submitted prior to the substantive Judicial Review (JR) hearing;
• Our immigration solicitors will prepare the Judicial Review bundles and serving the same on the court and the Government Legal Department (GLD) as per court directions;
• Our immigration solicitors will serve the skeleton arguments prepared by the Barrister on the court and the Government Legal Department (GLD) as per court direction;
• Our immigration solicitors will arrange a pre-hearing conference of the Applicant / Claimant with the Barrister and assist the Barrister in understanding the Judicial Review (JR) against the Home Office, UKVI and grounds for the same;
• Our immigration solicitor will attend the court for substantive Judicial Review (JR) hearing and assist the Barrister in preparing for oral submissions before the judge hearing the matter;
• Our immigration solicitors will carry out all the follow-up work until decision is reached by the court on your Judicial Review claim.