Solicitor Louise Low, in our Dispute Resolution team, provides a summary of the Court procedure for Judicial Review.
1. Pre-Action Protocol – the ‘Pre-Action Protocol for Judicial Review’
The first thing to consider is that Judicial Review is governed by its own Pre-Action Protocol, the ‘Pre-Action Protocol for Judicial Review’. There can be very tight timescales in making an application for Judicial Review. In urgent cases, the Court recognises that it will not be practical nor appropriate to follow the Protocol. However, Claimants will need to satisfy themselves whether they should or should not follow the protocol.
Where it is appropriate to follow the Protocol, parties are to consider whether Alternative Dispute Resolution is suitable, in light of the Court’s view that litigation should be a last resort.
Any requests for information or documentation should be proportionate and limited to what is necessary for the requesting party to identify the relevant issues. If that criteria is met, the information or documentation should be provided unless there is good reason to not.
The Protocol then provides that the Claimant should send a Letter Before Claim to the Defendant before the claim is made, and provides a standard format at Annex A of the Protocol.
Finally, under the Protocol, the Defendant should usually respond within 14 days using the standard Letter of Response format at Annex B of the Protocol.
2. The Civil Procedure Rules (‘CPR’)
Judicial Review is subject to CPR and therefore the overriding objective, namely, to keep proceedings proportionate. The CPR should be borne in mind throughout proceedings.
The relevant provisions are contained at CPR 54, and Practice Directions 54A, B, C and D. There is information in relation to time limits, the claim form, the claim bundle, interested parties and human rights, as well as guidance for further down the line of the procedure.
3. Filing the Claim
Claims for Judicial Review are dealt with in the Administrative Court.
There is a specific guide for filing at this Court called ‘The Administrative Court Judicial Review Guide 2022’ which is very helpful.
Where possible, the claim will be filed electronically and the Guide gives further information in respect of this, for example, circumstances in which documents will need to be uploaded to the Document Upload Centre.
The claim form, bundle and fees must be filed with the Court within time.
Broadly, the Judicial Review process is split into two stages: the first is obtaining permission and the second is the substantive hearing. Permission is typically considered ‘on the papers’, without a hearing, in the first instance. If permission is not granted at the Claimant wishes to challenge the decision, there will likely be a permission hearing. Where permission is granted, the matter can progress to a substantive hearing where the Court will decide whether to allow or dismiss the claim for Judicial Review.
4. Serving the Claim form
After the claim has been processed by the Court, it will issue a Sealed copy of the claim form. The Claimant must serve the Sealed copy on the Defendant and any Interested Parties with 7 days of the date of the issue.
5. Acknowledgement of Service
Thereafter, the Defendant has 21 days to file an Acknowledgment of Service. It must set out the grounds for contesting the Claim.
6. Hearings
Permission, as aforementioned, is commonly decided on the papers. Thereafter, there is a substantive hearing to decide the Judicial Review application.
7. Costs
It is important to get advice on this point. Usually, in Civil matters, costs are considered following the substantive hearing and the general rule is that the loser pays the winner’s costs. However, costs in Judicial Review should be considered much earlier – at the point of drafting the claim form - because this is when any applications for cost capping orders must be made.
While the general rule is largely adhered to, Court traditionally exercises considerable discretion in awarding costs in Judicial Review proceedings, paying attention to conduct, whether Pre-Action Protocol has been followed and the positioning/ funding of the parties.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
