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Challenging decisions with Appeals and Judicial Reviews

Decisions from public bodies, courts or other authorities can be unfair or wrong. When this happens, individuals and organisations can seek legal redress through appeals against convictions, appeals against sentences, or judicial reviews.

If you are appealing decisions from the Magistrates' Court, the appellant court would be the Crown Court. If you are appealing decisions made in the Crown Court, you must appeal in the Court of Appeal. At Lex Vindico Group, our specialist legal team will advise and represent you when challenging any decision, be it a sentence, a conviction, or a decision made by a public body. Whether you have an adverse judgment, an unfair administrative decision or procedural errors, we will fight for you and get you justice. Our resource pool allows exclusive access to private barristers, whom we regularly use to advise and represent our clients who require specialist representation.

What are Appeals and Judicial Reviews?

Appeals and judicial reviews are legal processes for challenging decisions made by courts, public bodies, or other decision-makers. Appeals are about correcting errors in judgments or procedures within the legal system, while judicial reviews are about lawfulness, fairness, or whether a decision was within the decision maker's powers. Appeals often revisit specific case parts, such as factual errors or misinterpretations of the law. Understanding the intricacies of these processes is key to getting it right.

Appeals

An appeal against conviction or sentence is usually made to correct errors in the application of law, in legal procedure, and when fresh evidence comes to light. Appeals allow an individual to challenge the Court or Tribunal's findings by seeking the higher court's consideration of that decision. The higher court, whether the Crown Court or the Court of Appeal, could overturn or amend the ruling/decision. In a working example, the higher courts could quash convictions, reduce sentences and order retrials in matters where the lower courts have erred.

Generally, the Notice of Grounds to appeal should be lodged with the higher court within 28 days of the conviction, sentence, verdicts, or decision being appealed (S.18 Criminal Appeal Act 1968 and CrimPR 39.2(1)). (21 days if appealing in the Magistrates' Court). Grounds of appeal are strengthened with written advice from expert appeal barristers, whom we at Lex Vindico Group can assist you with.

Suppose you feel as though there has been some unfairness in the ruling or judgment of your case, whether the conviction was unfair, or the sentence was manifestly excessive, or even if there is now fresh evidence which wasn't available to the Court at the time of the decision. In that case, our expert appeal lawyers can advise you today. Strict time limits require swift action.

Judicial Reviews

Judicial reviews, governed by public law, examine whether decisions were made lawfully, fairly or within the decision maker's powers. As the timeframes are strict, you must act quickly to bring a judicial review case within 3 months. Such judicial reviews can overturn bad decisions by public authorities such as councils, governmental departments, or regulatory bodies. Our judicial review solicitors will help you determine whether the decision was correct in law, rational and fair.

When Should You Consider an Appeal or Judicial Review?

Appeals against conviction

When the verdict, whether from a judge or a jury, is procedurally flawed due to errors in the trial.

Appeals against sentence

When a judge has sentenced you, but that sentence seems manifestly excessive, given the specifics within your case and the sentencing council/sentence guidelines.

Judicial Review Proceedings

If a public authority has acted outside of its powers, not followed its due process, and made a decision wrongly, that impacts your rights.

Why Choose Lex Vindico Group for Appeals and Judicial Review Proceedings?

Lex Vindico Group's lawyers have many years of experience handling complex appeals and advising on judicial review cases. Our lawyers have in-depth knowledge of appeal law and a proven track record of winning for our clients. We act quickly and strategically to correct errors, protect rights, and get justice.

At Lex Vindico Group, we understand that each case is unique and requires detailed preparation and bespoke strategies. Our team is committed to providing clear, practical advice so you fully understand your options, the process, and the potential outcome. Whether you're challenging a criminal conviction, public body decision, or regulatory ruling, we will support you every step of the way, including litigating at all court levels, including the Supreme Court.

How Lex Vindico Group Supports Clients with Appeals and Judicial Reviews

Step 1 - Initial Case Assessment and Advice

The first step in any appeal or judicial review is determining whether there are grounds for challenge. Our expert lawyers will review the original decision, the complete evidence file and identify errors in procedure or law. We will provide clear written advice on the merits of your case and the chances of success, and we encourage you to participate in the decision-making process before we formally proceed actively.

Step 2 - Grounds for Appeal

Judicial review process

The pre-action protocol is a critical step in judicial reviews. It involves drafting and serving a letter before the claim is made on the public body, setting out the grounds for challenge and the desired outcome. We follow this protocol to keep the case on track.

Judicial review proceedings have a two-stage structure: the permission stage and the substantive stage. You need to act quickly when bringing a claim to challenge administrative decisions by public officials. Preparation for appeals and judicial reviews involves gathering detailed evidence, drafting persuasive arguments and anticipating counterarguments. We prepare every detail to present your case.

Appeals process

In Appeals against conviction and sentences, a formal notice must be submitted to the appellant court within 28 days, in most cases, the Court of Appeal or 21 days in Magistrates Court matters. In Court of Appeal cases, when the single judge considers the application and the barrister's advice/grounds for appeal, they would either grant permission to appeal or refuse leave to appeal. In contrast, you have an automatic right to appeal in Magistrates' Court matters.  

Lex Vindico Group's counsel would help you draft robust grounds for appeal, ensuring they are persuasive and targeted at legal errors and procedural biases/breaches.

Step 3 - Representation in Court Proceedings

Appeals and judicial reviews often involve appearances in the administrative court, high court, Court of Appeal, or other specialist tribunals. Advocacy is key at these hearings.

Our expert appeal barristers will present arguments clearly, address legal errors, and, most importantly, ensure that your voice is heard at court.

Defending a Judicial Review Claim

How the Defence Works

Suppose you are an organisation or a public body defending a judicial review claim. In that case, it is essential to respond appropriately to retain your decision-making powers and avoid unnecessary legal stress. The process is complex and demanding. It requires fully understanding the judicial review process and the grounds to challenge a decision. At Lex Vindico Group, our specialist judicial review solicitors have extensive experience defending and initiating judicial review claims and will guide and represent you throughout the process.

Assessing The Validity of the Claim

A judicial review does not evaluate the merits of certain decisions made, but rather whether the decision made by a public authority was:

  • Illegal: whether the public body's decision was made within its powers or duties.
  • Irrational: whether the decision was reasonable and rational.
  • Procedurally Fair: Whether the public body followed the correct procedure when making the decision.

Our expert judicial review team can provide you with early legal advice today.

Various Types of Appeals and Judicial Reviews We Are Regularly Instructed On

Criminal Appeals (Against Convictions Or Sentences) and Miscarriages of Justice

Errors in criminal trials or sentencing can lead to miscarriages of justice. If you are out of time, i.e., the 21 or 28-day window has been missed, you may still make an out-of-time appeal, provided that the appellant court grants you permission. Our experts can help maximise your chances of being granted permission by serving a secondary application, within which we would describe the reasoning behind the delay and the subsequent prejudice to justice if the appeal is dismissed or not allowed.

In cases where the appeal courts have refused permission to proceed with the appeal, the Criminal Cases Review Commission (CCRC) will investigate potential wrongful convictions and provide a route for appeal. This serves as a final window to justice. Our expert appeal team will help you identify errors, gather evidence, seek disclosure and present strong appeals to correct the injustice with strong merits.

Public Law Challenges Against Public Bodies

Decisions by public authorities, including local authorities, local councils, or government departments, can sometimes infringe on individual rights and breach their responsibilities in public functions. Challenges may involve breaches of the Human Rights Act, procedural unfairness, or misuse of public power. Judicial reviews are the mechanism for holding public bodies to account.

Decisions by Regulatory and Professional Bodies

Disciplinary actions or decisions by regulatory bodies such as the General Medical Council (GMC), General Dental Council (GDC), Health and Care Professions Council (HCPC), and many others can have serious professional consequences. Challenging these decisions requires specialist expertise, which our team today can provide through robust representation and strategic advice within strict time frames.

Statutory Challenges and Government Decisions

Some government actions or policies can be challenged statutorily, mainly where they affect individuals or organisations. Judicial reviews provide a mechanism to challenge these decisions, hold the government accountable, and restore justice.

Lex Vindico Group Can Help

Our public law team and expert appeals counsel at Lex Vindico Group have extensive experience dealing with judicial review claims and succeeding with appeals against conviction/sentence. We will guide and represent you throughout the process:

  • Understand the Grounds of Appeal: We explain the grounds of appeal and what to do.
  • Preparing the matter: We help prepare the case, including gathering evidence and preparing witness statements, whilst considering and collating any evidence. This can also include lodging the notice to appeal and obtaining the relevant grounds from expert appeal barristers.
  • Represent You in Court: We represent you in court and present your case.

Get in Touch

If you need expert advice and representation, contact our  solicitors today. We offer a free initial consultation to discuss your case and advise on your next steps.

Why Choose Lex Vindico Group for Appeals and Judicial Reviews

Criminal Law Specialists

Our solicitors are familiar with public law and criminal law specialists, with many years of experience advising on and conducting appeals. This means we can offer bespoke advice for your situation.

Case-Specific Strategies

Every case is different. We will develop a strategy to address your case's specific nuances and legal issues to achieve the best possible result at every stage.

Proven Results by Expert Appeal Barristers

With a track record of getting results for our clients, Lex Vindico Group is the partner of choice for those seeking justice through appeals or judicial reviews. You have a chance at getting justice, and your decision today will determine your access to justice tomorrow. We use leading appeal barristers to maximise your chances of success.

Contact Lex Vindico Group for Expert Advice on Appeals and Judicial Reviews

Time limits for appeals and judicial reviews are strict, making prompt action essential. Contact Lex Vindico Group today for a confidential consultation.

Call us now for a free, secure, confidential chat and case analysis!

Let our experienced solicitors guide you through the process, protect your rights, and achieve the justice you deserve. Contact our expert lawyers today for a free consultation.

  • Call: 0203 0112 333
  • Email: info@lexvindicogroup.com
  • 24/7 Emergency: +447 999 0121 90

Let us guide and support you towards justice.

FAQs about Appeal & Judicial Review

What is a judicial review?
Can I appeal a decision made by the court?
How long do I have to issue a judicial review?
What if permission for judicial review is refused?
Can I get legal aid for a judicial review?
What types of decisions can be challenged by judicial review?
Can I appeal my conviction? Is it going to ruin my life and career?
How can a Court Sentence be appealed?
I have been convicted, but I wish to appeal the decision. How do I stop the sentence hearing?
What are the grounds for appealing a court decision?
Can I appeal the conviction and sentence together?
What are the time limits to appeal a court decision?

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