#15714 - Judicial Review - Advanced Commercial Litigation

Commencement

• Claim Forms must be filed ‘promptly and in any event not later than 3 months’ after the grounds arose (CPR 54.5(1)). This time limit can only be extended by the court (CPR 54.5(2) & CPR 3.1(2)(a)). Any delay should be avoided

• The Claim Form must be issued and filed (CPR 55.5/6 & 54A PD 5). It must be served on all of the parties (i.e. defendant and interested parties) within 7 days of issue (CPR 54.7).

• The Claim Form is served on Form N461 and has the following key differences: details of interested parties, details of the decision to be reviewed, application for permission, grounds of judicial review, remedies sought, substantial facts etc.

• Acknowledgement of Service must be filed by the Defendant within 21 days of service of the claim form (CPR 54.8(2) & 54A PD 7). If the defendant fails to file an acknowledgement of service then NO default judgment can be applied for, however the defendant will be prevented from taking part in the permission proceedings (CPR 54.9) and will be taken into account when considering costs.

Permission

• Permission must be sought from the court to ensure the claimant has ‘standing’. The courts will only grant permission if they are satisfied that the claimant has an arguable case and will consider: standing, delay, alternative remedies, merits of the case etc.

• Once permission is granted it cannot be set aside by the defendant (CPR 54.13)

• If permission is refused then the claimant can request the issue to be reconsidered at a full ‘Permission Hearing’ (CPR 54.12) and if this is denied they can appeal to the Court of Appeal (CPR 52.15)

Case Management

• If permission is granted then the court will give case management directions under CPR 54.10(1) and the Response is served within 35 days of permission being granted (CPR 54.14)

• Interim Applications can be made: injunctions, stay of the order (i.e. prevent the public body acting on the decision) or expedite the proceedings (speed up proceedings)

• Disclosure is not permitted unless the court orders it (54A PD 12.1) this is because the court deals with issues of law rather than fact. However, there is a duty of candor placed on the public authority and must provide the court with a full and accurate account of the decision making process. The court does have the power to order standard disclosure if the public body is guilty of material non-disclosure (CPR 31.6)

• Evidence is usually submitted in the form of written statements as it is a ‘review’ rather than ‘re-hearing’

• Expert evidence is rarely used but CPR 35 does apply to judicial review cases.

The Hearing

• The Claimant’s skeleton arguments and bundles must be filed at least 21 days before the hearing (54A PD 15-16)

• The Defendant’s skeleton arguments must be filed at least 14 days before the hearing (54A PD 15.2)

Damages & Remedies

• The following discretionary orders are available:

  • Mandatory/Prohibitory Injunction - s.30 SCA 1981

  • Quashing Order (overturn the decision) - CPR 54.19(2)(a)

  • Declarations (set out law/rights) - s.31 SCA 1981

- Damages can only be claimed if another remedy is sought and would have been awarded in a private case of action (CPR 54.3(2))