Public Law - Judicial Review

Judicial review is a vital legal mechanism that allows individuals, families, advocacy groups, and businesses to challenge unlawful decisions made by public bodies. This process ensures that government actions, policies, and decisions comply with legal, procedural, and human rights obligations.

At Ó Muirigh Solicitors, we have a long-standing and successful track record in public law challenges, holding authorities accountable when their decisions violate fundamental rights, statutory duties, or constitutional principles. Our specialist expertise often enables us to persuade public bodies to reconsider their decisions before cases even reach court. However, we have also fought and won judicial reviews that were vigorously defended by the authorities.

What is Judicial Review?

Judicial review allows courts to examine whether decisions, policies, or actions taken by public bodies are lawful, fair, and compliant with human rights standards. These challenges can be brought against:

  • Government departments & ministers
  • The PSNI (Police Service of Northern Ireland)
  • The PPS (Public Prosecution Service)
  • The Police Ombudsman
  • Local councils & public authorities
  • Health Trusts & social services
  • The Prison Service

If a decision is found to be unlawful, the court can overturn it, order a reconsideration, or provide other appropriate remedies.

Who We Represent

We act on behalf of:

  • Individuals challenging decisions that affect their rights and freedoms.
  • Families seeking justice in cases involving state actions.
  • Advocacy groups & charities challenging government policies.
  • Businesses & organizations affected by public sector decisions.
How We Support You
  • Legal Advice & Case Preparation
    Assessing whether a decision is unlawful, irrational, or procedurally unfair.
  • Filing & Presenting Judicial Review Claims
    Guiding clients through the complex legal process, ensuring the strongest possible case is made.
  • Court Representation
    Guiding clients through the complex legal process, ensuring the strongest possible case is made.
  • Human Rights & Public Interest Litigation
    Guiding clients through the complex legal process, ensuring the strongest possible case is made.
Why Choose Ó Muirigh Solicitors?
  • Experts in Public Law & Human Rights
    Proven success in challenging government decisions and securing judicial review victories.
  • Specialists in Troubles & Legacy Cases
    Representing clients in high-profile legal challenges relating to our recent conflict.
  • Strategic & Effective Legal Representation
    Combining strong legal arguments with skilled advocacy to achieve real results.
  • Committed to Justice & Accountability
    Holding public bodies accountable when their decisions impact civil liberties and human rights.
Notable Cases We Have Represented

Dillon & Others – Legal Challenge to the NI Troubles (Legacy and Reconciliation) Act 2023

  • Representing Patrick Fitzsimmons in a landmark judicial review against the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
  • The Court of Appeal ruled that provisions related to Interim Custody Orders (ICOs) were incompatible with the European Convention on Human Rights (ECHR).
  • This case has significant implications for state accountability, historical justice, and the protection of human rights in Northern Ireland.
  • The ruling reinforces concerns that the Legacy Act fails to meet international legal standards regarding access to justice.
  • Link to Judgement - (Judiciary NI)
  • News - (BBC)

Jordan & Five Others – Judicial Review on Delayed Inquests

  • Represented families in a judicial review challenge regarding delays in holding inquests into the deaths of their loved ones.
  • The High Court in Belfast ruled that the delays breached the applicants' Article 2 ECHR rights (right to life & investigation of deaths).
  • The Court awarded £7,500 in damages to each applicant for the unlawful delay in justice.

DB Application – Policing of Loyalist Protests

  • Represented a Short Strand resident in a judicial review against the PSNI’s policing strategy of loyalist protests.
  • The High Court ruled that the PSNI had acted unlawfully by failing to prevent illegal parades and breaches of public order law.
  • This case highlighted serious failings in public order policing
  • Link to Judgement: (2014 NIQB 55)

Planning MDA – Challenge Against Belfast City Council

  • Successfully challenged Belfast City Council’s decision to approve a 14-storey office complex in the Markets area of South Belfast.
  • The Court quashed the planning permission, ruling that the approval process was unlawful.
  • This case demonstrated the power of judicial review in ensuring fair and transparent planning decisions.

James Coney v Department for Communities

Patrick Lynch v Boundary Commission for NI

  • Represented a Belfast resident in challenging electoral boundary changes proposed by the Boundary Commission for NI.
  • The High Court ruled that the Commission acted unlawfully by failing to fully consider public consultation responses.
  • While the court did not quash the report, it issued a declaration confirming the Commission’s failings, strengthening future legal challenges.

Need Legal Advice?

We offer free initial consultations and can advise on Legal Aid eligibility

Contact Us Today

for a confidential, no-obligation discussion

info@omuirighsolicitors.com | 028 9023 0222
Or visit our offices in Belfast for a confidential consultation