Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
For those involved in judicial review proceedings, the procedural rules underwent amendment this month with the 63rd update to the Civil Procedure Rules coming into force on 1 July 2013. The update introduces a number of changes and consequential amendments have been made to the pre-action protocol.
CPR 54.5 has been amended such that the time limits for bringing certain planning and certain procurement judicial reviews are reduced to six weeks and 30 days respectively. (Practitioners should note that these amendments do not apply to applications for judicial review where the grounds arose before 1 July 2013).
CPR 54.12(7) now provides:
“where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with [CPR 23.12], the claimant may not request that decision to be reconsidered at an oral hearing”
A similar revision has been made to CPR 52.15.
(Practitioners should note that these amendments do not apply to applications for judicial review where the claim form was filed before 1 July 2013.)
In light of these reforms, consequential amendments to the pre-action protocol for judicial review also came into force on 1 July 2013. In particular, under the amendments, the protocol may not apply where one of the new, shorter, time limits applies. As such, where the court is satisfied the parties have not been able to comply with the provisions of the protocol because of the (new) shorter time limits, the court is unlikely to apply costs sanctions which it might otherwise do.
63rd Update - Pre-action protocol amendments
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234