Definition
Judicial Review
A challenge to the lawfulness of a public body's decision.
Judicial review is a general legal mechanism for challenging the lawfulness of decisions made by public bodies, distinct from the specific statutory remedies available for procurement disputes under procurement legislation. It is used less often for standard tender complaints because the procurement-specific route usually offers more direct and appropriate remedies.
When judicial review might apply
Judicial review can be relevant where a decision falls outside the scope of the procurement-specific remedies, for example decisions about whether to procure at all, policy decisions affecting a market, or conduct not directly governed by procurement regulations.
Courts generally expect claimants to use the specific statutory remedy where one exists (the procurement challenge route) rather than judicial review, so this route is a fallback rather than a first option for typical tender complaints.
- Distinct from statutory procurement challenge remedies
- Usually requires permission from the court to proceed
- Focuses on the lawfulness of the decision-making process, not just the outcome
- Time limits are also short and strictly enforced (generally measured in weeks, promptly and in any event within three months)
Practical guidance for suppliers
If you are unsure whether your complaint fits the procurement challenge route or judicial review, take specialist legal advice immediately, since choosing the wrong route or delaying can be fatal to a claim. This content is general information, not legal advice.
Frequently asked questions
- What is the difference between a procurement challenge and judicial review?
- A procurement challenge uses the specific statutory remedies in procurement legislation, including automatic suspension, and is the usual route for tender disputes. Judicial review is a broader mechanism for challenging public body decisions generally and is typically only used where the specific procurement remedy does not apply.
- How long do I have to bring a judicial review claim?
- Claims must generally be brought promptly and in any event within three months of the decision, though procurement-specific challenges have their own, often shorter, time limits. Seek legal advice immediately, as delay can be fatal to either type of claim.
- Do I need permission to bring a judicial review?
- Yes. Judicial review requires the court's permission to proceed, based on an initial assessment of whether the claim is arguable, which is different from the procurement challenge route where proceedings can be issued directly.
Related terms