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

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
  • Key procedural stages in a judicial review claim in the Administrative Court
  • Preliminary considerations
  • The claim form—content and service
  • Interested parties
  • Where to issue
  • Acknowledgement of service and detailed response with supporting evidence
  • Claimant’s reply
  • The permission decision
  • Next steps following grant of permission
  • More...

Key procedural stages in a judicial review claim in the Administrative Court

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. 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

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

  3. if the claimant remains dissatisfied, the claimant files and serves the claim form and supporting evidence within the relevant time limit, together with any application for interim relief or expedition

  4. in very urgent cases, the court may consider an application for interim relief at this stage (on paper or at a hearing) and may truncate the timetable going forward

  5. the defendant files and serves an acknowledgement of service and any summary grounds for resisting the claim within 21 days of service of the claim form, or such shorter time as directed by the court

  6. the court considers whether to grant permission to proceed with the claim. This is normally done on the papers, unless there is also an outstanding application for interim relief, in which case the court may direct a hearing to consider both

  7. if permission is refused on the papers, the claimant may

Related documents:

Popular documents