Judicial review insurance

SebLaila1

is anyone aware of an insurance company that will provide indemnity insurance for potential judicial review against a local planning authority in relation to a planning decision made. Normal house hold policies that provide legal cover do not cover planning matters and judicial reviews.

MyRealNameToo

So you've applied for permission and it's not been granted and you want to challenge that? Or you have been granted permission but you want insurance in case someone challenges the decision?

Have you appointed a solicitor? Have you asked them about insurance?

user1977

Normal household policies that provide legal cover do not cover planning matters and judicial reviews.

In any event, they don't cover claims which you already intend making when you take out the policy.

Given the very high likelihood of a judicial review being unsuccessful, I can't see anybody insuring your risk of incurring substantial costs.

elsien

hasn’t a very similar question been posted recently? I think the answer was basically no.

SebLaila1

https://forums.moneysavingexpert.com/discussion/comment/81886767#Comment_81886767

no not applied for permission, I’m expecting the council to allow the continued running of a home run business next door to me that has not had planning permission. A review of the business was carried out by an enforcement officer in June 2025 who determined that planning permission was indeed required but the powers to be in the local authority appear at this stage are not requesting a retrospective planning application.
The business was set up without informing the council or local residents. For information the business is a dog grooming business that causes a substantial amount of disturbance, dog barking, traffic noise, customer noise, operating sometimes up to 11 hrs a day, no restrictions on hrs/days/number of dogs etc. Customers noisy, customers allowing their dogs to use mine and other neighbours gardens as toilets. Customers driving their cars on my front garden, customers allowing their dogs to run around the road. Owner of salon dumps waste water from washing dogs on the boundary of our back gardens. Owners operates from the converted garage with windows wide open. Owner shouts at dogs. Customers overlapping/cueing up etc etc. Have shown council planning evidence of this yet no action taken.

The business is not ancillary or incidental to the enjoyment of the main residence (planning permission required for change of use)

It is Sui Generis (a class of its own) planning permission required.

Case law study which the enforcement officer referred to also states that this type of business requires planning permission

SebLaila1

https://forums.moneysavingexpert.com/discussion/comment/81886820#Comment_81886820

That’s correct in that normal household policies do not cover this. I also understand that to take a matter to a judicial review the council has to be seen to have acted unlawfully in its decision making, My understanding is that they will not cover claims that have already commenced prior to taking out a policy. No claim has started and as yet no solicitor involved, until a decision is made by the council I have nothing to take to a solicitor/open barrister.

user1977

A solicitor can still give you preliminary advice about any possible avenues. But I'd expect to pay for it.

Can you outline why you think JR is a likely remedy here?

SebLaila1

https://forums.moneysavingexpert.com/discussion/comment/81886958#Comment_81886958

Because after waiting since June last year when the review was carried out the council have not done anything so the only way forward appears to be an JR, even now not responding to my emails. Yes a solicitor/open barrister is next for advice.

MyRealNameToo

There is a class of insurance for judicial reviews but it's for developers to buy to protect their investment once the council approves planning permission.

Speak to your solicitor, they'll advise if this could be covered by ATE insurance or not.

SebLaila1

Have contacted a couple of specialists insurance companies regarding BTE and ATE insurance but they appeared somewhat confused given that they mention this type of insurance in their “about us” description.

MyRealNameToo

They sell to solicitors typically so best speaking to them and asking them if you have any options. They'll have a broker who can explore what options are available if their normal policy won't cover it.