Each Judicial Review case is different and the costs will depend on the particular legal and factual issues of the case.
There are several stages in applying for Judicial Review, set out below, with a very rough estimate of the number of hours each stage might take:
- Pre-action work, 5 to 10 hours
- Preparing and lodging the Judicial Review application for permission to bring a Judicial Review and any interim relief, for example an injunction if needed (for a decision to be made by a Judge on the papers), 5 to 10 hours
- Renewing the application at an oral hearing (if the Judge who considered the application on the papers refuses permission), 5 to 10 hours
- If permission is granted (either on the papers or following an oral hearing), preparing for the full Judicial Review hearing, 10 to 15 hours
The number of hours each stage will take depends on the circumstances in your case. Such as:
- The reasons given by the Home Office for refusing your application
- The amount of evidence that we need to consider
- The nature of the legal issues
- Your current immigration status (relevant to whether or not VAT is payable)
- Your immigration history
- Which language(s) you speak
Preparing a Judicial Review requires careful assessment of the reasons why your application has been refused, why no right of appeal to the Immigration Tribunal is available and the prospects of success.
Judicial Review cases can only be managed by qualified solicitors so the overall costs will depend on the seniority of the solicitor you want to use – see information about our staff on the 'Our Team' section of our website.
The Courts have set guideline hourly rate charges for this type of work though recent litigation has meant that those rates (which were set in 2010) are no longer applicable. A link to the 2010 rates is in on the 'Prices' page of our website. The new rates have not yet been set or published by the Court. Accordingly, we will discuss with you the hourly rate we will charge you once we have had sight of your case papers. The hourly rate will be between £175 and £250 depending on the nature of your case and which solicitor you instruct.
It is important to note that in Judicial Review proceedings, if your case is not successful, then in addition to paying our costs, the barrister's costs (see below) and the court fees (see below), it is likely that the Court will order you to pay the Home Office's legal costs (which, again very roughly, may be a similar amount to your own legal costs incurred). However, the reverse is also true - if your case is successful, the Court is likely to order the Home Office to pay your legal costs of bringing the case, though in reality often only around 80% of those costs are recovered, leaving you to pay the remaining percentage.
What services are included?
The work will involve:
- discussing your case and the refusal letter in detail and confirming as soon as we can the prospects of a Judicial Review succeeding;
- preparing and submitting the pre-action protocol letter;
- * instructing a barrister to draft the statement of facts and grounds of challenge;
- preparing and submitting the application for Judicial Review;
- reviewing and advising you on the Home Office's response to the Judicial Review application (as set out in their 'Acknowledgment of Service and Summary Grounds of Defence');
- advice on the decision of the Judge on the papers;
- renewing the application orally if necessary;
- ** instructing the barrister to draft the grounds of renewal
- *** instructing the barrister to represent you at the renewal hearing and our attendance at the renewal hearing;
- advice on the decision of the Judge following the renewal hearing;
- preparation for the full Judicial Review hearing;
- **** instructing the barrister to represent you at the full Judicial Review hearing and our attendance at that hearing;
- giving you advice about the outcome of the Judicial Review including in relation to the costs element of the Court's order and any potential appeal (by either you or the Home Office) against the Judge's decision.
The barrister's fees (noted by one or more '*' above will depend on the type of case and location of the Judicial Review. We will talk to you about which barristers are available, what experience they have and of course, their costs. As a guide, the barrister's fees might be in the region of:
- * To draft the statement of facts and grounds of challenge: between £750 - £2500;
- ** To draft grounds of renewal (if necessary): between £500 - £1000
- *** To attend a renewal hearing (including preparing a detailed written argument in advance of the hearing if necessary): between £1000 - £2500
- **** To attend a full Judicial Review hearing including preparing a detailed written argument in advance of the hearing if necessary): between £1500 - £3500
Note: These sums are plus VAT if applicable.
The actual cost will depend on which barrister is used (as their fees also depend on their seniority and experience).
Disbursements (not included in costs set out above):
Disbursements are costs related to your matter that are payable to third parties, such as the Court fees / interpreter fees, etc. We can handle the payment of the disbursements on your behalf to ensure a smoother process.
- Interpreter's fees at approximately £30 per hour (depending on availability). If you need an interpreter then we might need between 3-6 hours' of attendance with you during the course of the Judicial Review;
- Court Fees: £154 to lodge a Judicial Review, £385 to renew the application for permission orally (if necessary) followed by a further £385 if permission is granted at the oral renewal hearing or £770 if permission is granted on the papers.
How long will my Judicial Review take?
From the point of submitting your Judicial Review to receiving a decision on the papers can be between 2-6 months. A renewal hearing may take 3-6 months to be scheduled to be heard. A full Judicial review hearing might take 4-8 months to be scheduled.
NOTE: There is legal aid available for Judicial Review applications. Eligibility for legal aid depends on your financial circumstances and the merits of your proposed Judicial Review.