Judicial Review explained (My case on its way to the High Court)

 

Sa – wat – dii readers!!

Let’s start with the Thai greeting for “hello”

Probably more easily pronounced in my phonetics:- “Sah – what – dee” – “Hello”

A different start!, and now you all know how to say hello in Thai. Okay readers!!, grab a bottle of something to celebrate with, and also grab something at hand to throw against the wall and smash!! As its good and bad news this month.

Gooood News first!!

Remember January’s 2008 news letter where I told you of my Barrister’s advice of pursuing an application to the High Court for a Judicial review on the enforcement of my sentence.

The High Court had to consider to grant us leave for a hearing. Well!! Crack open that bottle of whatever you have at hand readers and pour yourselves a large one.

Yes!! We did it, the court have looked at our application and have, on the face of it, deemed it to be one which has some merit and needs to go before the Queens Bench Division of the High Court ruling.

Take it easy on that bottle readers!!

Sure it’s cause for Celebration!!

So what the hell!!, go on, by all means finish the bottle  cheers!! You still standing?

The glimmer of light gets a little bit brighter and this is a major step in the right direction.

But let’s not get carried away, we still have a long way to go yet.

Even though the High Court has now accepted our case, it does not mean that it will go to a full hearing and the ruling will not automatically go our way.

The Ministry of Justice now has until the end of this month to serve their defence, (our case has already been served on them).

 

Let me explain what exactly a Judicial Review is:

Judicial Review is a form of court proceeding in which a Judge reviews the lawfulness of a decision or action made by a public body.

It is a challenge to the way in which a decision of that process and whether those were “Right”, as long as the Law has been correctly applied and the right procedures have been followed. The Court will not substitute what it thinks is the “Correct” decision.

This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.

Judicial review looks at the lawfulness of actions and decisions. These can be challenged on a number of grounds, which are usually described as follows:

Illegality

Irrationality and

Unfairness

 

So what can the Court do?

If an application for Judicial review is successful, the court has available to it six possible remedies:

 

Quashing Orders - The original decision is struck down and the public body has to take the decision again (Lawfully, this time)

 

Prohibiting Orders – The public body is forbidden from doing something unlawful in the future.

 

Mandatory Orders – The public body is ordered to do something specific which it has a duty to do.

 

A Declaration – For example, on the way to interpret the Law in future, or a declaration that a legislative provision is incompatible with the Human Rights Act.

 

An Injunction – This is usually a temporary remedy until the full application for judicial review is heard.

 

Damages – This is rare, but may be available in some cases, particularly where there has been a breach of an individual’s right under the Human Rights Act.

 

All of these remedies are discretionary - the Judge does not have to order any remedy at all, or more than one can be applied for in any particular case.

So what’s my next step?

I am still in the permission stage. This allows the court to filter cases by deciding which should be allowed to go to a full hearing.

Our next step in the court, is one Judge will now decide whether my case (Steve Willcox v Ministry of Justice) will go to a full hearing or not.

Confused readers? Yeh!! You and me both!!

We are in the High Court, but this next decision, well everything rides on it going to a full hearing or not.

Two people all too often not given by far enough “Thanks and Appreciation”, is my special friends “Paul” husband of “Ulla” the incredible lady, who devotes so much of her life and time to this Web site.

Without Ulla none of this would be possible. Paul and Ulla!!, I and my family and all British Citizens still imprisoned in Thailand.

“From the bottom of our hearts we Thank You”

You’ve both made a massive difference to so many of us. All credit to Ulla who started this Web site from scratch with no experience in this field at all.

An excellent Job you’ve done Ulla.

                                                           By Steve Willcox