
Judicial Review Process Explained
Judicial review follows a two-stage process, beginning with an application for leave (permission) and followed by a full hearing if leave is granted.
Stage 1: Applying for Leave
The applicant must prepare detailed court documents outlining:
- The relief sought
- The legal grounds for the claim
- Supporting evidence in a sworn affidavit
The applicant’s legal team presents the case without notifying the respondent in most instances. This is known as an ex parte application (without notice to the other party).
The court will review the application and may grant leave in full or in part if the case is deemed arguable.
In some cases, the application must be made with notice to the respondent, and the applicant must show substantial grounds, not just an arguable case, for leave to be granted.
Stage 2: Full Hearing
If leave is granted, the court documents are served on the respondent, who can file affidavits in reply.
After the exchange of affidavits and other case matters, a hearing date is assigned.
The case is typically decided without oral witness testimony—instead, legal representatives present arguments based on affidavits and supporting documents.
Can a High Court Decision Be Appealed?
- In most cases, a High Court decision in a judicial review can be appealed to the Supreme Court, unless a statute specifically restricts an appeal in that matter.