Judicial Review (JR) In The Upper Tribunal (UT) After Grant Of Permission

Once a case is granted permission to proceed it will go on to a substantive hearing, unless settled or withdrawn, although occasionally there may be a pre-hearing known as a case management conference, or an interim relief hearing to take a view on an urgent element of the judicial review.

Payment Of Continuation Fee

Once permission is granted, the Application is required to pay the court fee known as continuation fee. The continuation fee must be paid within 9 days the decision of the Upper Tribunal granting permission to proceed with Judicial Review.

Court Procedures

After the grant of permission, the Upper Tribunal will give directions for the parties to comply with. The Respondent is directed to submit detailed grounds of defense. Nearer the hearing date counsel for both sides will submit written arguments as to why the claim should either be allowed (on behalf of the claimant) or dismissed (on behalf of the Home Office). These are called skeleton arguments.

The applicant may not rely on any grounds, other than those grounds on which the applicant obtained permission for the judicial review proceedings, without the consent of the Upper Tribunal. The Upper Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any change to the time and place of the hearing. If a party fails to attend a hearing, the Upper Tribunal may proceed with the hearing if the Upper Tribunal:

• is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
• considers that it is in the interests of justice to proceed with the hearing.

The case will then have a substantive court hearing at which oral arguments are made by both the Applicant’s and Respondent’s legal representatives. The court will then deliver a final judgment, which will either allow the application for Judicial Review and provide a form of relief in a court order, or dismiss the application by upholding the Home Office’s position.

How Can We Help?

We can represent you in your Judicial Review after the grant of permission for Judicial Review. If instructed to represent you regarding your substantive Judicial Review hearing before the Upper Tribunal (UT), the immigration casework to be carried out by our immigration solicitors will entails the following:

• Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Upper Tribunal in your Judicial Review substantive hearing at the Upper Tribunal;
• Discussing with you the grounds on which permission to proceed with the Judicial Review has been granted and advising you about the weaknesses and strengths of Judicial Review (JR) matter;
• Where applicable, liaising with the Government Legal Department (GLD) for the Judicial Review to be settled with consent of both parties;
• Preparing a detailed brief to counsel explaining in detail the case history and the key legal issues in the case;
• Instructing the Barrister for skeleton arguments to be prepared to be submitted prior to the substantive hearing;
• Preparing the Judicial Review bundles and serving the same on the Upper Tribunal and the Government Legal Department (GLD);
• Serving the skeleton arguments prepared by the Barrister on Upper Tribunal and the Government Legal Department (GLD);
• Arranging a pre-hearing conference of the Applicant with the Barrister and assisting the Barrister in understanding the case against the Home Office and grounds for the same;
• Attending the Upper Tribunal substantive Judicial Review (JR) hearing and assisting the Barrister in preparing for oral submissions before the Upper Tribunal judge;
• Doing all the follow up work until decision is reached by the Upper Tribunal on your Judicial Review claim.

How Much We Charge?

Unless your matter is very complicated, our fees for our professional services for substantive Judicial Review hearing after the grant of permission are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the Judicial Review and the volume of casework involved in the Judicial Review. In addition to our fixed fee, the applicant will also have to pay the court fee for Judicial Review and the Barrister’s fee for advocacy work before the Upper Tribunal Judge.

No Win No Fee

We can also act for you on no win no fee basis in relation to your substantive Judicial Review hearing after the grant of permission by the Upper Tribunal if we find that the chances of success in your Judicial Review claim are 100%. The fee to be charged on No Win No Fee basis will depend on the complexity of the case and chances of success in the case. If your substantive Judicial Review hearing is unsuccessful, you will not have to pay our fees for our professional services.

Other Related Services

• Challenging Home Office Refusal Decisions
• Administrative Review (AR)
• Immigration Judicial Review (JR)
• Judicial Review (JR) In The Upper Tribunal (UT)
• Judicial Review In The High Court
• Cart Judicial Review (JR) Against The Upper Tribunal
• JR Appeal To The Court Of Appeal
• Entry Clearance Appeals
• Immigration Appeals
• Deportation Appeal To First Tier Tribunal
• Challenging The Refusal / Revocation Of Sponsor Licence
• Challenging Refusal Of Visitor Visa UK
• Challenging Removal from the UK

Useful External Links

• Resolve a dispute with the Home Office through the pre-action protocol
• Pre-Action Protocol (PAP) For Judicial Review – Civil Procedure Rules (CPR)
• Upper Tribunal
• Government Legal Department (GLD)
• Application for Remission of Fee (Form EX160)