The Civil Procedure Rules 1998

Mode of applying for judicial review

Rule 5—(1) In any criminal cause or matter, where permission has been granted to make an application for judicial review, the application shall be made to a Divisional Court of the Queen’s Bench Division.

(2) In any other such cause or matter, the application shall be made to a judge sitting in open Court, unless the Court directs that it shall be made—

(a) to a Judge in private; or

(b) to a Divisional Court of the Queen’s Bench Division.

(2A) An application for judicial review shall be made by the issue of a claim form.

(3) The claim form must be served on all persons directly affected and where it relates to any proceedings in or before a Court and the object of the application is either to compel the Court or an officer of the Court to do any act in relation to the proceedings or to quash them or any order made therein, the claim form must also be served on the Clerk or Registrar of the Court and, where any objection to the conduct of the Judge is to be made, on the Judge.

(4) Unless the Court granting permission has otherwise directed, there must be at least 10 days between the service of the claim form and the hearing.

(5) The application must be entered for hearing within 14 days after the grant of permission.

(6) Written evidence giving the names and addresses of, and the places and dates of service on, all persons who have been served with the claim form must be filed before the application is entered for hearing and, if any person who ought to be served under this rule has not been served, the written evidence must state that fact and the reason for it; and shall be before the Court on the hearing of the application.

(7) If on the hearing of the application the Court is of opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the claim form may be served on that person.