Once a case is granted permission to proceed it will go on to a substantive hearing, unless settled or withdrawn, although occasionally there may be a pre-hearing known as a case management conference, or an interim relief hearing to take a view on an urgent element of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

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.

Why Sunrise Solicitors For Judicial Review Substantive Hearing?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for judicial review. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London in relation to your judicial review substantive hearing following grant of permission to proceed with JR and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

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 include 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.

Our Fees For Substantive Judicial Review Hearing Following Grant Of Permission

You have the following funding options to fund your Judicial Review Claim following grant of permission to proceed with your judicial review:

No Win No Fee

  • We can act for you on no win no fee basis in relation to your judicial review claim following grant of permission to proceed with Judicial Review 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 be from £3,500 + VAT. If the claim for Judicial Review is unsuccessful, you will not have to pay any fee.
  • You will also be responsible to pay any disbursements to be incurred by us on your behalf e.g. Barrister's fee, the court fee etc.

Agreed Fixed Fee

  • We will charge you a fee from £2,500.00 + VAT for our professional immigration services in relation to your substantive Judicial Review hearing after the grant of permission to proceed with the Judicial Review. The agreed fee will depend on the complexity of the Judicial Review case and the casework involved in the JR. The agreed fee will cover all our work until decision by the Upper Tribunal judge on your application for Judicial Review.
  • It is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. Barrister's fee, the court fee etc.

Hourly Rate Fee Option

  • You can choose to instruct us using hourly rate funding option. The hourly rate to be charged will depend on the complexity of the Judicial Review (JR) matter, the Post Qualification Experience (PQE) of the solicitor handling the matter etc.
  • You will also be responsible to pay any disbursements to be incurred by us on your behalf e.g. Barrister's fee, the court fee etc.

Enquiry Form

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

 

© Sunrise Solicitors 2019 | Privacy Policy