Post
by AUHS » Wed Feb 09, 2011 4:43 pm
Administrative Court Guidance
Notes for guidance on applying for judicial review
1Â Introduction
2Â What is Judicial Review?
3Â What is the Pre-action protocol?
4 Â Where should I commence proceedings?
5 Â When should I lodge my application for permission to apply for judicial review?
6 Â Is there a fee to pay and, if so, when do I pay it?
7 Â How do I apply for Judicial Review?
8 Â What do I do if my application is urgent?
9 Â What is an Acknowledgement of Service?
10 Â What happens after the defendant and/or the interested party has lodged an acknowledgement of service, or the time for lodging such has expired?
11 Â What happens if my application for permission is refused or if permission is granted subject to conditions or in part only?
12 Â What happens if my application for permission is granted?
13 Â What happens when my case is ready for hearing?
14 Â What if I need to make an application for further orders after the grant of permission?
15 Â Can my application be determined without the need for a hearing?
16 Â What if the proceedings settle by consent prior to the substantive hearing of my application?
17 Â What if I want to discontinue the proceedings at any stage?
18 Â Will I be responsible for costs of the defendant and/or the interested parties if my application is unsuccessful?
19 Â What can I do if I am unhappy with the Judge's decision?
20 Â Where can I get advice about procedural matters?
^ Top
Section 1
General Introduction
1. These notes are not intended to be exhaustive but are designed to offer an outline of the procedure to be followed when seeking to make an application for judicial review in the Administrative Court. For further details of the procedure to be followed you and your representatives/legal advisers should consult Part 54 of the Civil Procedure Rules (CPR) and the Practice Directions accompanying Part 54.
Section 2
What is judicial review?
2.1 Judicial review is the procedure by which you can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function. If you are challenging the decision of a court, the jurisdiction of judicial review extends only to decisions of inferior courts. It does not extend to decisions of the High Court or Court of Appeal. Judicial review must be used where you are seeking:
a mandatory order (i.e. an order requiring the public body to do something and formerly known as an order of mandamus);
a prohibiting order (i.e. an order preventing the public body from doing something and formerly known as an order of prohibition); or
a quashing order (i.e. an order quashing the public body's decision and formerly known as an order of certiorari)
a declaration
HRA Damages
2.2 Claims will generally be heard by a single Judge sitting in open Court. The Administrative Court sits at:
The Royal Courts of Justice in London – Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL;
Birmingham Civil Justice Centre – Priory Courts, 33 Bull Street, Birmingham, B4 6DS;
Cardiff Civil Justice Centre – 2 Park Street, Cardiff, CF10 1ET;
Leeds Combined Court Centre – 1 Oxford Row, Leeds, LS1 3BG;
Manchester Civil Justice Centre – 1 Bridge Street West, Manchester, M3 3FX
Where a case is directed to be heard by a Divisional Court (a court of two judges) the hearing will usually be in London.
Section 3
What is the pre-action protocol?
3.1 The protocol sets out a code of good practice and contains the steps which parties should generally follow before making a claim for judicial review. The objective of the pre-action protocol is to avoid unnecessary litigation.
3.2 Before making your claim for judicial review, you should send a letter to the defendant. The purpose of this letter is to identify the issues in dispute and establish whether litigation can be avoided. The letter should contain the date and details of the decision, act or omission being challenged and a clear summary of the facts on which the claim is based. It should also contain the details of any relevant information that the claimant is seeking and an explanation of why this is considered relevant. A claim should not normally be made until the proposed reply date given in the letter before claim has passed, unless the circumstances of the case require more immediate action to be taken.
3.3 Defendants should normally respond to that letter within 14 days and sanctions may be imposed unless there are good reasons for not responding within that period.
NB-Â The protocol does not affect the time limit specified by CPR Part 54.5(1) namely that an application for permission to apply for judicial review must be made promptly and in any event not later than 3 months after the grounds upon which the claim is based first arose.
NB- You should seek advice as to whether the protocol is appropriate in the circumstances of your case. Use of the protocol will not be appropriate where the defendant does not have the legal power to change the decision being challenged. It also may not be appropriate in circumstances where the application is urgent.
NB- A letter before claim will not automatically stop the implementation of a disputed decision.
NB- Even in emergency cases, it is good practice to fax the draft claim form that you are intending to issue to the defendant. You will also normally be required to notify a defendant when you are seeking an interim order; i.e. an order giving some form of relief pending the final determination of the claim.
3.4 Any claim for judicial review must indicate whether or not the protocol has been complied with. If the protocol has not been complied with, the reasons for failing to do so should be set out in the claim form.
^ Top
Section 4
Where should I commence proceedings?
4.1 Claims for judicial review under CPR Part 54 are dealt with in the Administrative Court.
4.2 Claims may be issued at the District Registry of the High Court at Birmingham, Cardiff, Leeds or Manchester as well as at the Royal Courts of Justice in London. Cases started in Birmingham will normally be determined at a court in the Midland region; in Cardiff in Wales; in Leeds in the North-Eastern Region; in London at the Royal Courts of Justice and in Manchester, in the North-Western Region.Â
4.3 The general expectation is that proceedings will be administered and determined in the region with which the claimant has the closest connection, subject to the following considerations as applicable—
(1) any reason expressed by any party for preferring a particular venue;
(2) the region in which the defendant, or any relevant office or department of the defendant, is based;
(3) the region in which the claimant’s legal representatives are based;
(4) the ease and cost of travel to a hearing;
(5) the availability and suitability of alternative means of attending a hearing (for example, by videolink);
(6) the extent and nature of media interest in the proceedings in any particular locality;
(7) the time within which it is appropriate for the proceedings to be determined;
(8) whether it is desirable to administer or determine the claim in another region in the light of the volume of claims issued at, and the capacity, resources and workload of, the court at which it is issued ;
(9) whether the claim raises issues sufficiently similar to those in another outstanding claim to make it desirable that it should be determined together with, or immediately following, that other claim; and
(10) whether the claim raises devolution issues and for that reason whether it should more appropriately be determined in London or Cardiff.
Can I get Legal Services Commission funding (Legal Aid) for my application?
4.4 Neither the Court nor the Administrative Court Offices have power to grant funding (previously legal aid). The responsibility for the provision of public funding is held by the Legal Services Commission.
Further information on the type(s) of help available and the criteria for receiving that help may be found in the Legal Services Commission Manual Volume 3: “The Funding Codeâ€
