Judicial review—how to start proceedings
Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers

The following Public Law practice note produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers provides comprehensive and up to date legal information covering:

  • Judicial review—how to start proceedings
  • Preliminary considerations
  • The claim form—content and service
  • Contents of claim form
  • Interim or urgent applications
  • Claim Bundle
  • Service of the claim form
  • Declaration on finance of claims (not yet in force)
  • Planning decisions
  • Interested parties
  • More...

Judicial review—how to start proceedings

This Practice Note summarises the procedural stages in a judicial review application and then describes in depth the specific requirements for each stage as prescribed by the CPR, CPR PD and Administrative Court guide.

Practitioners operating in the Administrative Court need to ensure compliance with the following guidance when considering commencement of proceedings:

  1. the Civil Procedural Rules (CPR), Part 1, Part 54

  2. the Civil Procedural Rules Practice Directions:

    1. CPR PD 54A for general provisions relating to judicial review

    2. CPR PD 54B for urgent applications and other matters such as interim relief

    3. CPR PD 54C for court venue

    4. CPR PD 54D for planning court claims

  3. The Administrative Court Judicial Review Guide

  4. Pre-Action Protocol for Judicial Review

  5. section 31 of the Senior Courts Act 1981

  6. the Human Rights Act 1998

Broadly speaking, and subject to any contrary directions, the key stages in a judicial review claim in the Administrative Court are normally as follows:

  1. Pre-action protocol—other than in very urgent cases, the claimant complies with the pre-action protocol by sending a letter before claim as soon as practicable after the decision or action under challenge (See Practice Note: Judicial review—time limits and the pre-action protocol)

  2. the defendant complies with the pre-action protocol by responding to the letter before claim, normally within 14 days

  3. issue and service of proceedings—if the claimant remains dissatisfied following

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