What is the difference between judicial review and an appeal?

An appeal asks whether the decision was right; judicial review asks whether it was lawfully made — considering legality, procedural fairness and rationality. Where a statutory right of appeal exists, the court will usually expect it to be used before review is sought.

How quickly must a claim be brought?

Judicial review must be brought promptly and, in any event, within the period prescribed by the rules from the date of the decision complained of. Delay is itself a ground on which relief may be refused, so advice should be taken within days of receiving the decision.

Can I bring a constitutional motion myself?

A person alleging a contravention of the fundamental rights provisions may apply to the High Court for redress. These proceedings are technical, and the court expects the motion to identify the right engaged and the relief sought with precision — representation is strongly advised.

Can a matter go to the Privy Council?

Final appeal from the Eastern Caribbean Court of Appeal lies to the Judicial Committee of the Privy Council in defined circumstances, including certain constitutional questions. Advice on prospects and cost is given before any such step is taken.

Areas of Practice · IV

Constitutional & Public Law

Testing the acts of the State against the Constitution.

Attorney-at-Law · Eastern Caribbean Supreme Court
Rights of audience: Magistrate's · High Court · Court of Appeal
Instructions accepted subject to conflicts check
Retainer effective only when confirmed in writing

Where a decision of a public authority touches the rights of an individual, the courts stand ready to review it. The chambers argues motions under the Constitution of Dominica and applications for judicial review of administrative action.

Public law is exacting: the remedy depends as much on procedure as on principle. The chambers advises on standing, on whether the complaint is properly a constitutional motion or an application for judicial review, and on the alternative remedies a court will expect to have been exhausted first.

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High Court · Court of Appeal · Privy Council (on final appeal)

Common questions

Constitutional & Public Law — what clients usually ask.

What is the difference between judicial review and an appeal?: An appeal asks whether the decision was right; judicial review asks whether it was lawfully made — considering legality, procedural fairness and rationality. Where a statutory right of appeal exists, the court will usually expect it to be used before review is sought.
How quickly must a claim be brought?: Judicial review must be brought promptly and, in any event, within the period prescribed by the rules from the date of the decision complained of. Delay is itself a ground on which relief may be refused, so advice should be taken within days of receiving the decision.
Can I bring a constitutional motion myself?: A person alleging a contravention of the fundamental rights provisions may apply to the High Court for redress. These proceedings are technical, and the court expects the motion to identify the right engaged and the relief sought with precision — representation is strongly advised.
Can a matter go to the Privy Council?: Final appeal from the Eastern Caribbean Court of Appeal lies to the Judicial Committee of the Privy Council in defined circumstances, including certain constitutional questions. Advice on prospects and cost is given before any such step is taken.

Take instruction · Constitutional & Public Law

Challenge the decision properly, and in time.

Applications for judicial review must be made promptly. Bring the decision letter and the record of any internal appeal to the first conference.

Instruct constitutional counsel Book a conference

Other sectors

Constitutional & Public Law

Constitutional & Public Law — what clients usually ask.

Challenge the decision properly, and in time.

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