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Judicial Review Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Judicial Review notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

JUDICIAL REVIEW

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Applications for Judicial Review must be brought in the High Court Administrative Court Office of the QBD

JUDICIAL REVIEW PREACTION PROTOCOL

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Compliance not required where:
* the application is urgent, or
* the Respondent has no legal power to change the decision Does not affect the timelimit to bring a Judicial Review claim (max: 3 months) Claimant should sent a letter of claim to Respondent seeking to establish if litigation can be avoided and identifying the issues. Respondent should reply within 14 days, though may send an interim reply requesting an extension if cannot reply within this time. The response should state (in clear and unambiguous terms) whether claim conceded in full/part or disputed. Response may, where appropriate:
* contain a new decision,
* fuller reasons for the decision,
* address any points of dispute Should also enclose any documents requested by Claimant or explain why not enclosed. APPLYING FOR PERMISSION FOR Judicial Review

TimeLimit for Filing the Claim Form

* Claim form initiating Judicial Review must be filed promptly, in any event not later that three months after the grounds for the claim arose.

* May refuse if considers allowing the Judicial Review claim would:
* cause substantial prejudice or substantial hardship to any person/their rights, or
# requires connection between the relief sought (not the delay) and the prejudice/hardship
* it would be detrimental to good administration.
# Court may take into account the effect of the application on other potential applicants. Issuing the Claim Form

* Part 8 Claim Form include:
* Name and address of any person Claimant considers an "interested person"
# If Judicial Review of decision of tribunal, all parties are "interested persons"
* that Claimant is seeking permission to proceed with a claim for Judicial Review
* any remedy (inc. interim remedies) sought and any relief sought under the HRA
* if raising any claim under the HRA, details of right infringed and the infringement,
* where seeking declaration of incompatibility (s4 HRA), details of the legislative provision and the alleged incompatibility,
* where claim based on a finding of unlawfulness by another court/tribunal, details of that finding,
* where claim founded on a judicial act alleged to have infringed a right under s9 HRA, details of the act and the court/tribunal.

* Claim form must include/be accompanied by:
* Detailed statement of Claimant's grounds for bringing claim for Judicial Review,
* Statement of facts relied upon,
* any application to extend time for filing the Claim form, and

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples