Appeals vs Judicial Review: What’s the Difference?

An appeal is when you challenge a decision through a set legal process that looks at the facts again. Appeals are only available in certain cases, such as some immigration or family decisions. In an appeal, a judge or tribunal can look at evidence, hear arguments, and decide whether the original decision was right or wrong. A judicial review is different.

It does not usually look at whether the decision was “fair” in everyday terms, but whether the decision was made lawfully. This means checking if the correct process was followed, the law was applied properly, and the decision was reasonable. Judicial review is often used when there is no right of appeal.

In simple terms, a pre-action protocol is a warning step, an appeal is about re-examining the decision itself, and judicial review is about how the decision was made. Understanding the difference helps you choose the right route and avoid wasting time on the wrong process.