The following Public Law practice note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further guidance, see Practice Note: Judicial review—time limits and the pre-action protocol.
Different time limits apply for certain types of judicial review claim:
judicial review of decision of the Upper Tribunal must be brought within 16 days of notice of the Tribunal’s decision being sent
public procurement cases must be brought within 30 days of when a claimant knew, or ought to have known, of the alleged breach of the public procurement rules
planning judicial reviews must be brought within 6 weeks of the grounds to make the claim arising
all other judicial review claims must be brought promptly and in any event within three months of the date on which the grounds for bringing the claim first arose
There is a rebuttable presumption that a claim brought within 3 months has been brought promptly.
In public procurement cases:
in Uniplex (UK) v NHS Business Services Authority the requirement to act promptly was found to be incompatible with the effective implementation of Directive 89/665/EEC. The national court was therefore required to extend the limitation period to ensure the claimant had a period equivalent to that which it would have had under the Directive
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