JR Problem Question - Time Limits & Permission Flashcards
What is the fourth issue to be addressed in a JR PQ?
Permission and Time Limits - Is there permission to make a claim and can it be made promptly/within three months of the relevant decision?
What are the permission requirements?
For a successful JR action, permission to launch such an action must have been given by the courts.
What are the time limit requirements?
For a successful JR action the claim must have been made ‘promptly’ - within at the very least no more than three months from the date of the decision being challenged.
Authority - CPR 54.4.
Will actions brought before three months always satisfy the time limit requirement?
No, some claims brought within three months may still be regarded as being unduly delayed in the event that it is determined a more expedient claim was possible/necessary, depending on the relevant issue/area where a challenge is sought.
Authority - R v Swale Borough Council, ex parte the Royal Society for the Protection of Birds
What else should be considered at this point of the PQ?
Whether JR is mandatory or not given the facts of the case.
In what instances will a JR action be mandatory?
A mandatory judicial review will result from challenges which seek either;
(a) a prohibiting order
(b) a mandatory order
(c) a quashing order
In what instances will a JR action not be mandatory (this is not to say it is not possible to successfully launch one, merely that there is no obligation to do so)?
Judicial Review will not be mandatory where the challenge seeks a remedy relating exclusively to either;
(a) a declaration
(b) an injunction
What is a prohibiting order and when may it be appropriate?
A prohibiting order is a proscriptive mechanism that looks to prevent something unlawful from occurring rather than quashing something that has already happened. They are applicable where a final decision has not yet been taken but is instead simply being contemplated by the decision maker.
What is a mandatory order and when may it be appropriate?
A mandatory order is a mechanism that imposes an obligation on a decision-maker to make a decision/act on matters they had previously refused to (but ought to have) considered.
What is a quashing order and when may it be appropriate?
A quashing order is a mechanism that requires the courts to nullify a previous decision which has subsequently been deemed to be unlawful (under any of the grounds for judicial review) and requires the decision-maker to decide the matter differently (e.g. reach a different decision).
What is a declaration and when may it be appropriate?
A declaration is a mechanism enabling the clarification of the legal position of affected parties on a contested issue. For example, a proposed rule by a local authority could be declared unlawful by the court. In this way the legal position of the proposal would have been clarified.
What is an injunction and when may it be appropriate?
An injunction is a mechanism used to prevent a decision-maker from acting in an unlawful manner.
