The protocol sets out a code of good practice and contains the steps which parties should generally follow before making a claim for Judicial Review (JR). The objective of the pre-action protocol is to avoid unnecessary litigation.

Before making your claim for Judicial Review (JR) against the Home Office, UKBA, you should send a letter to the defendant, the Home Office, UKBA. The purpose of this letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKBA can be avoided. The letter should contain the date and details of the decision (the refusal letter), act or omission being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKBA is based. It should also contain the details of any relevant information that the claimant is seeking from the Home Office, UKBA and an explanation of why this is considered relevant. A Judicial Review (JR) claim against the UKBA should not normally be made until the proposed reply date given in the letter before claim has passed, unless the circumstances of the case require more immediate action to be taken.

The Defendant, the UKBA, should normally respond to letter before action (pre-action protocol letter) within 14 days and sanctions may be imposed unless there are good reasons for not responding within that period. An application for permission to apply for Judicial Review can be filed in the Upper Tribunal if the Home Office, UKBA do not respond to the pre-action protocol letter within 14 days or the UKBA responds within 14 days but maintains their decision to refuse the application.

The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for Judicial Review (JR) must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.

Our Services For Pre-Action Protocol For Judicial Review

We can represent you in your pre-action protocol for Judicial Review. Our immigration casework for pre action protocol will include:

  • considering the contents of the refusal letter of the Home Office, UKBA and discuss any possible grounds to challenge the same by way of Judicial Review (JR) against the Home Office, UKBA;
  • advising you on the relevant requirements, laws and procedures in relation to pre-action protocol for permission to apply for Judicial Review (JR) against the Home Office, UKBA;
  • advising you on the relevant documents to be submitted in support of your pre-action protocol representations for Judicial Review;
  • considering the contents of such documents and discussing the same with you;
  • advising you on the weaknesses and strengths of your representations under the pre-action protocol;
  • preparing a detailed letter arguing how the decision of the Home Office, UKBA is not in accordance with the relevant laws and facts and normally giving the UKBA 14 days to review the decision in light of our representations.
  • advising the Home Office in the letter before Judicial Review claim (pre-action protocol letter) that we if the Home Office, UKBA fail to respond within 14 days or do not change the decision in question within 14 days, we will then have no option but to issue  Judicial Review proceedings in the Upper Tribunal without any further notice;
  • submitting the pre action protocol representations to the Judicial Review Management Unit of the Home Office; and
  • Liaising with the Home Office, UKBA and do all the follow up work until a response is received from the Home Office, UKBA or until 14 days have elapsed for the issue of the Judicial Review proceedings if no response is received from the Home Office, UKBA.

Why Sunrise Solicitors For Your Pre Action Protocol For Judicial Review?

The immigration solicitors at Sunrise Solicitors are experts in dealing with pre-action protocol representations for Judicial Review against the Home Office, UKBA. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration solicitors. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your pre-action protocol representations for Judicial Review and our immigration solicitors will provide you fast, friendly, reliable, honest and professional immigration service.

Our Fees For Pre-Action Protocol Representations For Judicial Review

  • We will charge you a fee from £600+VAT for our professional immigration services in relation to your pre-action protocol representations for Judicial Review. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.
  • The agreed fee will cover all our work until the UKBA responds to our pre action protocol letter or if the UKBA fails to respond within 14 days, until an application for permission to apply for Judicial Review is filed in the Upper Tribuanl. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, etc.

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