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.