Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just and appropriate to do...
This Practice Note considers whether it is possible to recover the costs incurred during an appeal. The costs rules dealing with appeals are set out in CPR 52. CPR 52...
The two most common methods available to challenge a planning decision are judicial review and statutory review. See Practice Notes: Scope of judicial review in planning...
General rule on costs The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders...
A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other than the claimant...
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any...
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty of candour rather...
This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on appeals and covers...
When will the court allow fresh evidence on an appeal? The appeal court will only allow an appeal where the decision of the lower court was: • wrong, or • unjust because...
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...
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...
Interested parties In the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly affected by the claim'. A...
When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of addressing the issues...
This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a party being...
Determining an application for permission to appeal (PTA) Whether the appeal is a first or second appeal, permission to appeal will initially be considered on the papers...
This Practice Note provides guidance on permission to appeal (PTA) under Part 52 of the CPR. For detailed guidance on how to apply for permission to appeal under Part 52...
How to apply for permission to appeal This Practice Note considers making an application for permission to appeal. Applicants must first be sure that they wish to apply...
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation...
The Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 54 and PD 54A outline the procedure to be followed when making an application for judicial review. The...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
This Practice Note contains guidance to the provisions contained within CPR 52 and CPR PD 52A. These general provisions apply to appeals to the County Court, the High...
Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and...
This Practice Note contains guidance to the provisions contained within CPR 52 and CPR PD 52A. These general provisions apply to appeals to the County Court, the High...
Introduction Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the...
Introduction Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the...
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no longer an EU Member...