Judicial review is the process by which the lawfulness of the decisions, acts or omissions of public bodies are challenged in the High Court. Judicial review is not concerned with reviewing the merits of a decision but rather the decision-making process itself.

Challenging a decision to investigate or prosecute via judicial review is difficult and only open to challenge on specific narrow grounds. Applications relating to individual steps within investigations, such as search warrants, where an investigating authority is obliged to satisfy a statutory test in order to exercise a power, have often been more successful but still present complexities which require specialised expert advice.

Fulcrum are one of only a handful of firms whose judicial review team specialises in challenges in the context of investigations and prosecutions. Our team has experience of judicial review both in the context of challenges to decisions to investigate or prosecute as well as individual steps within investigations and also regularly advises on the tactical merits of such applications.

In recent years, we have represented clients in judicial review applications before Caribbean courts, again in the context of criminal and regulatory investigations.

Related Cases

 Members of the Fulcrum team recently secured the adjournment of a forfeiture application by the SFO for a senior individual currently under criminal investigation by the SFO.

We are currently representing a corporate multi-national client in judicial review proceedings of a Caribbean Government.

The Fulcrum team are currently advising a client on the merits of a judicial review of a Government agency in relation to an investigation into our client.

Key contacts

Fulcrum Chambers is one of very few firms who have a real expertise in corporate white-collar defence and compliance processes. This comprehensive expertise allows them to provide a pragmatic, tailored advice to companies on compliance processes, as they are able to draw from their expertise in criminal defence.

Senior Regional Compliance Officer – Multinational Infrastructure Company

I felt they had a good relationship with the SFO and that there was considerable mutual respect between them.

Senior Executive – Multinational Engineering Company

More than two years on, people still talk about this gripping presentation and I am hugely grateful for the imaginative delivery which ensured the enduring embedding of our key compliance messages in the minds of our senior leadership team.

Chief of Staff, Multinational Aerospace Company

They got up to speed very quickly and were always very quick to respond…they listened to what I was saying and always acted in my best interests.

Head of International Group Function – Multinational Engineering Company

They supported and advised us implementing our legal strategy, relying on their thorough knowledge and deep experience in dealing with the SFO. They were always a source for new ideas and proposals when the situation so warranted and always provided effective advice and counsel.

Chief Compliance Officer – Multinational Transport Company

Related Insights

Aug 26 2018

New Edition of the Code for Crown Prosecutors Takes Effect

The Code for Crown Prosecutors (“Code”) sets out the general principles crown prosecutors should follow when deciding whether to prosecute a case. The Code, issued by the Director for Public…

SFO suffers Supreme Court blow over the use of overseas powers

Apr 17 2017

Rahul Rose on the SFO: What’s really behind Unaoil’s failed judicial...

On March 29, two senior UK judges dismissed an attempt by Unaoil to challenge an SFO investigation into allegations that the company paid bribes around the world. It is the latest in a fast-growing…

Feb 5 2016

High Court Rules that SFO Processes to Protect Privilege are Lawful


On the 27th of January 2016, the High Court ruled in favour of the SFO over the way it handles the identification of digital material which is potentially subject to Legal Professional…

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