Brighter Law

What is Judicial Review and how can I use it?

Judicial review has become an effective tool for litigators in the Turks and Caicos Islands (“TCI”). Judicial review has assisted individuals and businesses in rectifying the improper exercise of government decision-making powers and has most recently been utilized to overturn decisions of immigration, licensing, and planning authorities, as well as to challenge unconstitutional and improperly made laws.


Judicial review involves the Court reviewing decisions made by a public body. In the judicial review process, the Court will look at the way decisions were made, rather than the conclusions reached, to ensure that those decisions were lawful, fair, and rational. In the event of a successful judicial review, the Court may declare decisions unlawful, return the issue to the original decision-maker for a fresh decision, or quash a decision.


The most common grounds of judicial review are illegality, procedural unfairness, and unreasonableness. Procedural unfairness means that the process leading up to the decision being made was unfair and may include, among other things, the bias of a decision-maker, the improper exercise of decision-making power, or the failure of a decision-maker to allow a party to make their case. Unreasonableness allows for a decision to be overturned if it is so unreasonable no reasonable person, acting reasonably, could have made it. Illegality generally refers to the way a public authority acts and whether it had the legal power to make that decision.


Order 53 of the Civil Rules 2000 (the “Rules”) governs applications for judicial review in TCI. Under Order 53, r. 3 an applicant must first apply to the court for “leave” or permission to make an application for judicial review. Under Order 53, r. 4 applications for leave must be made within three months from the date when grounds for the application first arose (usually the date on which a decision or judgment was rendered), however, the court reserves discretion to extend the period for good reason. When leave is given, proceedings are commenced by the entering of an originating motion which is served on all affected parties.


Judicial review is a powerful tool that can be used to ensure a decision-makers and/or governments act lawfully, fairly, and within the bounds of the law. If you are concerned by a decision of a Government department or statutory body Griffiths & Partners would be pleased to advise you.


DISCLAIMER: The contents of this document are made available for information purposes only. Nothing within this document should be relied upon as constituting legal or other professional advice. Neither G&P nor any of its companies, subsidiaries, or affiliates accept any responsibility whatsoever for any loss occasioned to any person no matter howsoever caused or arising as a result, or in consequence, of action taken or refrained from in reliance on any of the contents of this document.

More news

Real estate remains the world’s biggest store of wealth. Real estate services company Savills estimated that, at the end of 2020, the global value of real estate reached USD326.5 trillion, making it more valuable than all global equities and debt securities combined, and almost four times the size of global GDP.
In Vanesha Parker v Sky Catering Ltd. d.b.a. Top of the Cove Deli (CL-AP 8 of 2021) [2023] TCACA 1 (03 February 2023) the Appellant, Vanesha Parker, appealed the decision of the Labour Tribunal on several grounds, primarily that the Tribunal erred in refusing to hear or consider the Appellant’s evidence about compensation loss, forward loss or other types of losses.
Economic Substance requirements for entities doing business in or through Crown Dependencies and offshore jurisdictions remain broadly similar to each other, but subtle differences do exist.