F1PART 54F3JUDICIAL REVIEW AND STATUTORY REVIEW
Pt. 54 heading substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rules 1, 3
Pt. 54 Table of Contents substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1
Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(i)
Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(ii)
Words in Pt. 54 Table of Contents omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 7(a)(i)
Words in Pt. 54 Table of Contents omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 7(a)(ii)
Words in Pt. 54 Table of Contents omitted (15.2.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(4), 29(a)(i)
Words in Pt. 54 Table of Contents omitted (15.2.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(4), 29(a)(ii)
F4I JUDICIAL REVIEW | |
Scope and interpretation | Rule 54.1 |
F32Who may exercise the powers of the High Court | Rule 54.1A |
When this Section must be used | Rule 54.2 |
When this Section may be used | Rule 54.3 |
Permission required | Rule 54.4 |
Time limit for filing claim form | Rule 54.5 |
Claim form | Rule 54.6 |
Service of claim form | Rule 54.7 |
F33Judicial review of decisions of the Upper Tribunal | Rule 54.7A |
Acknowledgment of service | Rule 54.8 |
Failure to file acknowledgment of service | Rule 54.9 |
Permission given | Rule 54.10 |
Service of order giving or refusing permission | Rule 54.11 |
Permission decision without a hearing | Rule 54.12 |
Defendant etc. may not apply to set aside(GL) | Rule 54.13 |
Response | Rule 54.14 |
Where claimant seeks to rely on additional grounds | Rule 54.15 |
Evidence | Rule 54.16 |
Court’s powers to hear any person | Rule 54.17 |
Judicial review may be decided without a hearing | Rule 54.18 |
Court’s powers in respect of quashing orders | Rule 54.19 |
Transfer | Rule 54.20 |
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F5SECTION I—JUDICIAL REVIEW
Pt. 54 Section 1 heading inserted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1
Scope and interpretation54.1
1
F7This Section of this Part contains rules about judicial review.
2
F6In this Section—
a
a “claim for judicial review” means a claim to review the lawfulness of—
i
an enactment; or
ii
a decision, action or failure to act in relation to the exercise of a public function.
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
“the judicial review procedure” means the Part 8 procedure as modified by F8this Section;
f
“interested party” means any person (other than the claimant and defendant) who is directly affected by the claim; and
g
“court” means the High Court, unless otherwise stated.
(Rule 8.1(6)(b) provides that a rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in Part 8 as they apply to those proceedings)
F34Who may exercise the powers of the High Court54.1A
1
A court officer assigned to the Administrative Court office who is—
a
a barrister; or
b
a solicitor,
may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the Queen’s Bench Division.
2
The matters referred to in paragraph (1) are—
a
any matter incidental to any proceedings in the High Court;
b
any other matter where there is no substantial dispute between the parties; and
c
the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.
3
A court officer may not decide an application for—
a
permission to bring judicial review proceedings;
b
an injunction;
c
a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.
4
Decisions of a court officer may be made without a hearing.
5
A party may request any decision of a court officer to be reviewed by a judge of the High Court.
6
At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.
7
A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.
When this F9Section must be used54.2
—The judicial review procedure must be used in a claim for judicial review where the claimant is seeking—
a
a mandatory order;
b
a prohibiting order;
c
a quashing order; or
d
an injunction under section 30 of the Supreme Court Act 1981 (restraining a person from acting in any office in which he is not entitled to act).
When this F10Section may be used54.3
1
The judicial review procedure may be used in a claim for judicial review where the claimant is seeking—
a
a declaration; or
b
an injunction(gl).
(Section 31(2) of the Supreme Court Act 1981 sets out the circumstances in which the court may grant a declaration or injunction in a claim for judicial review)
(Where the claimant is seeking a declaration or injunction in addition to one of the remedies listed in rule 54.2, the judicial review procedure must be used)
2
(Section 31(4) of the Supreme Court Act 1981 sets out the circumstances in which the court may award damages F17, restitution or the recovery of a sum due on a claim for judicial review)
Permission required54.4
The court’s permission to proceed is required in a claim for judicial review whether started under this F11Section or transferred to the Administrative Court.
Time limit for filing claim form54.5
1
The claim form must be filed—
a
promptly; and
b
in any event not later than 3 months after the grounds to make the claim first arose.
2
The time limit in this rule may not be extended by agreement between the parties.
3
This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.
Claim form54.6
1
In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—
a
the name and address of any person he considers to be an interested party;
b
that he is requesting permission to proceed with a claim for judicial review; and
c
any remedy (including any interim remedy) he is claiming.
(Part 25 sets out how to apply for an interim remedy)
2
The claim form must be accompanied by the documents required by F29Practice Direction 54A.
Service of claim form54.7
The claim form must be served on—
a
the defendant; and
b
unless the court otherwise directs, any person the claimant considers to be an interested party, within 7 days after the date of issue.
F35Judicial review of decisions of the Upper Tribunal54.7A
1
This rule applies where an application is made, following refusal by the Upper Tribunal of permission to appeal against a decision of the First Tier Tribunal, for judicial review—
a
of the decision of the Upper Tribunal refusing permission to appeal; or
b
which relates to the decision of the First Tier Tribunal which was the subject of the application for permission to appeal.
2
Where this rule applies—
a
the application may not include any other claim, whether against the Upper Tribunal or not; and
b
any such other claim must be the subject of a separate application.
3
The claim form and the supporting documents required by paragraph (4) must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.
4
The supporting documents are—
a
the decision of the Upper Tribunal to which the application relates, and any document giving reasons for the decision;
b
the grounds of appeal to the Upper Tribunal and any documents which were sent with them;
c
the decision of the First Tier Tribunal, the application to that Tribunal for permission to appeal and its reasons for refusing permission; and
d
any other documents essential to the claim.
5
The claim form and supporting documents must be served on the Upper Tribunal and any other interested party no later than 7 days after the date of issue.
6
The Upper Tribunal and any person served with the claim form who wishes to take part in the proceedings for judicial review must, no later than 21 days after service of the claim form, file and serve on the applicant and any other party an acknowledgment of service in the relevant practice form.
7
The court will give permission to proceed only if it considers—
a
that there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law; and
b
that either—
i
the claim raises an important point of principle or practice; or
ii
there is some other compelling reason to hear it.
8
If the application for permission is refused on paper without an oral hearing, rule 54.12(3) (request for reconsideration at a hearing) does not apply.
9
If permission to apply for judicial review is granted—
a
if the Upper Tribunal or any interested party wishes there to be a hearing of the substantive application, it must make its request for such a hearing no later than 14 days after service of the order granting permission; and
b
if no request for a hearing is made within that period, the court will make a final order quashing the refusal of permission without a further hearing.
10
The power to make a final order under paragraph (9)(b) may be exercised by the Master of the Crown Office or a Master of the Administrative Court.
Acknowledgment of service54.8
1
Any person served with the claim form who wishes to take part in the judicial review must file an acknowledgment of service in the relevant practice form in accordance with the following provisions of this rule.
2
Any acknowledgment of service must be—
a
filed not more than 21 days after service of the claim form; and
b
served on—
i
the claimant; and
ii
subject to any direction under rule 54.7(b), any other person named in the claim form,
as soon as practicable and, in any event, not later than 7 days after it is filed.
3
The time limits under this rule may not be extended by agreement between the parties.
4
The acknowledgment of service—
a
must—
i
where the person filing it intends to contest the claim, set out a summary of his grounds for doing so; and
ii
state the name and address of any person the person filing it considers to be an interested party; and
b
may include or be accompanied by an application for directions.
5
Rule 10.3(2) does not apply.
Failure to file acknowledgment of service54.9
1
Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.8, he—
a
may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but
b
provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of—
i
detailed grounds for contesting the claim or supporting it on additional grounds; and
ii
any written evidence,
may take part in the hearing of the judicial review.
2
Where that person takes part in the hearing of the judicial review, the court may take his failure to file an acknowledgment of service into account when deciding what order to make about costs.
3
Rule 8.4 does not apply.
Permission given54.10
1
Where permission to proceed is given the court may also give directions.
F302
Directions under paragraph (1) may include—
a
a stay(GL) of proceedings to which the claim relates;
b
directions requiring the proceedings to be heard by a Divisional Court.
Service of order giving or refusing permission54.11
The court will serve—
a
the order giving or refusing permission; and
b
any directions,
on—
i
the claimant;
ii
the defendant; and
iii
any other person who filed an acknowledgment of service.
Permission decision without a hearing54.12
1
This rule applies where the court, without a hearing—
a
refuses permission to proceed; or
b
gives permission to proceed—
i
subject to conditions; or
ii
on certain grounds only.
2
The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.
3
The claimant may not appeal but may request the decision to be reconsidered at a hearing.
4
A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).
5
The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days' notice of the hearing date.
F316
The court may give directions requiring the proceedings to be heard by a Divisional Court.
Defendant etc. may not apply to set aside(gl)54.13
Neither the defendant nor any other person served with the claim form may apply to set aside(gl) an order giving permission to proceed.
Response54.14
1
A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve—
a
detailed grounds for contesting the claim or supporting it on additional grounds; and
b
any written evidence,
within 35 days after service of the order giving permission.
2
The following rules do not apply—
a
rule 8.5(3) and 8.5(4) (defendant to file and serve written evidence at the same time as acknowledgment of service); and
b
rule 8.5(5) and 8.5(6) (claimant to file and serve any reply within 14 days).
Where claimant seeks to rely on additional grounds54.15
The court’s permission is required if a claimant seeks to rely on grounds other than those for which he has been given permission to proceed.
Evidence54.16
1
Rule 8.6 F2(1) does not apply.
2
No written evidence may be relied on unless—
a
it has been served in accordance with any—
i
rule under this F12Section; or
ii
direction of the court; or
b
the court gives permission.
Court’s powers to hear any person54.17
1
Any person may apply for permission—
a
to file evidence; or
b
make representations at the hearing of the judicial review.
2
An application under paragraph (1) should be made promptly.
Judicial review may be decided without a hearing54.18
The court may decide the claim for judicial review without a hearing where all the parties agree.
Court’s powers in respect of quashing orders54.19
1
This rule applies where the court makes a quashing order in respect of the decision to which the claim relates.
F242
The court may—
a
i
remit the matter to the decision-maker; and
ii
direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or
b
in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.
(Section 31 of the Supreme Court Act 1981 enables the High Court, subject to certain conditions, to substitute its own decision for the decision in question.)
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer54.20
The court may—
a
order a claim to continue as if it had not been started under this F13Section; and
b
where it does so, give directions about the future management of the claim.
(Part 30 (transfer) applies to transfers to and from the Administrative Court)
F23...
Pt. 54 Section 2 heading omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 7(d)(i)
Scope and interpretationF2054.21
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Application for reviewF2054.22
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Time limit for applicationF2054.23
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Service of applicationF2054.24
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Determining the applicationF2054.25
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Service of orderF2054.26
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CostsF2054.27
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F28III – APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002
Pt. 54 Section 3 omitted (15.2.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(4), 29(c)
Scope and interpretationF2854.28
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Representation of applicants while filter provision has effectF2854.28A
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Service of documents on appellants within the jurisdictionF2854.28B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application for reviewF2854.29
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Application to extend time limitF2854.30
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Procedure while filter provision has effectF2854.31
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Procedure in fast track cases while filter provision does not have effectF2854.32
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Determination of the application by the Administrative CourtF2854.33
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Service of orderF2854.34
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CostsF2854.35
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Continuing an application in circumstances in which it would otherwise be treated as abandonedF2854.36
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Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)