The Civil Procedure Rules 1998

Grant of leave to apply for judicial review E+W

Rule 3—(1) No application for judicial review shall be made unless the permission of the Court has been obtained in accordance with this rule.

(2) An application for permission must be made F1 ... to a Judge by filing in the Crown Office—

(a) an application notice in Form No. 86A containing a statement of

(i) the name and description of the applicant;

(ii) the relief sought and the grounds upon which it is sought;

(iii) the name and address of the applicant’s solicitors (if any); and

(iv) the applicant’s address for service; and

(b) written evidence verifying the facts relied on.

[F2 (2A) The documents referred to in paragraphs (2)(a) and (b) need not be served on any other person.]

(3) The Judge may determine the application without a hearing, unless a hearing is requested in the notice of applicationF3 ...; in any case, the Crown Office shall serve a copy of the Judge’s order on the applicant.

(4) Where the application for permission is refused by the Judge, or is granted on terms, the applicant may renew it by applying—

(a) in any criminal cause or matter, to a Divisional Court of the Queen’s Bench Division;

(b) in any other case, to a single Judge F4 ... or, if the Court so directs, to a Divisional Court of the Queen’s Bench Division:

Provided that no application for permission may be renewed in any non—criminal cause or matter in which the Judge has refused permission under paragraph (3) after a hearing.

(5) In order to renew his application for permission the applicant must, within 10 days of being served with notice of the Judge’s refusal, lodge in the Crown Office notice of his intention in Form No. 86B.

(6) The Court hearing an application for permission may allow the applicant’s statement to be amended, whether by specifying different or additional grounds or relief or otherwise, on such terms, if any, as it thinks fit.

(7) The Court shall not grant permission unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(8) Where permission is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceeding which is subject to appeal and a time is limited for the bringing of the appeal, the Court may adjourn the application for permission until the appeal is determined or the time for appealing has expired.

(9) If the Court grants permission, it may impose such terms as to costs and as to giving security as it thinks fit.

(10) Where permission to apply for judicial review is granted, then—

(a) if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Court otherwise orders;

(b) if any other relief is sought, the Court may at any time grant in the proceedings interim remedies in accordance with CPR Part 25.

Textual Amendments

F1 Words in Sch. 1 RSC Order 53 rule 3(2) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 33(a)(i)

F2 Sch. 1 RSC Order 53 rule 3(2A) inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 33(a)(ii)

F3 Words in Sch. 1 RSC Order 53 rule 3(3) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 33(a)(iii)

F4 Words in Sch. 1 RSC Order 53 rule 3(4)(b) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 63(a)