Judicial Review

Question 1

What is the general rule regarding costs in a judicial review claim?

Answer 1

the judge may make order as to costs as appear to him to be just. Where he makes any order as to cost, he must assess them.

It is a general rule of law that no order for costs can be made against the claimant in a claim for judicial review unless the judge considers that she acted unreasonably in making the application or in the conduct of the application.

Question 2

What documents ought to be served prior to the First Hearing?

Answer 2

the Fixed Date Claim Form
the affidavit in support
the Application for Permission to Apply for Judicial Review, the Affidavit in support
the Order giving permission

Question 3

What happens at the final Hearing?

Answer 3

The Final hearing is the trial of the judicial review claim.

At the final hearing, the court may also re-consider issues of locus standi and merits of the case.

The judge may grant any relief that appears to be justified by the facts proved before him even if such relief has not been sought by you in the application for judicial review.

The judge may make order as to costs as appear to him to be just. Where he makes any order as to cost, he must assess them.

Question 4

What is the time limit for filing a claim after permission is granted?

Answer 4

Permission is conditional on the filing a claim for judicial review within 14 days of receipt of the order granting permission. Consequently, if a claim is not filed within that time, the permission lapses.

Question 5

True or False

Once service has been effected, an Affidavit of Service should be filed at the court office at least 7 days before the date fixed for the first hearing.

Answer 5

True

Question 6

What does the court have to be satisfied of to grant permission for leave to apply for judicial review?

Answer 6

The Applicant has sufficient interest

There is an arguable case having a realistic prospect of success

No discretionary bar, such as delay, applies to the case

Question 7

The Fixed Date Claim Form along with the affidavit in support as well as the Application for Permission to Apply for Judicial Review, the Affidavit in support, and the Order giving permission must be served at least
_____________ before the date fixed for the first hearing.

Answer 7

14 days

Question 8

What does it mean to have ‘sufficient interest’ to bring an application for judicial review?

Answer 8

A person has sufficient interest if that person has been adversely affected by the decision which is the subject of the application.

Question 9

who can apply for judicial review?

Answer 9

Under the CPR, an application for judicial review may be made by any person, group or body which has sufficient interest in the subject matter of the application.

Question 10

the date for first hearing must be no later than ______ after the date of issue of the claim.

Answer 10

four weeks

Question 11

Briefly outline the timeline for making a judicial review claim

Answer 11

The application is made within 3 months from the date when the grounds for the application first arose.

Once permission is granted, the Claim must be filed within 14 days of the Order granting permission

Once the claim is filed a date for the first hearing must be set no later than four weeks after the issue

Once the claim is filed it must be served in the Respondents 14 days prior to the hearing

Once the claim is served, an affidavit of service should be filed 7 days before the hearing.

Question 12

True or False.

The judge may grant any relief that appears to be justified by the facts proved before him even if such relief has not been sought in the application for judicial review

Answer 12

True.

Question 13

What are some grounds for an application for judicial review

Answer 13

arguabe case because
- acted Wednesdbury unreasonable
- breached legitimate expectations
- breached principles of natural justice

Question 14

What is judicial Review?

Answer 14

a challenge to the manner in which a public authority made or is making a decision.

Question 15

What part of the Rules deals with Judicial Review

Answer 15

Part 56

Question 16

_____________ complaints should be brought by way of _____________ claims such as ______________.

Answer 16

public law; public law; judicial review

Question 17

When (time) is an application for judicial review to be made?

Answer 17

an application for permission to apply for judicial review must be made promptly, and in any event within three months from the date when the grounds for the application first arose.

unless the time period is extended by the court upon the provision of good reason

Question 18

What are the four stages of the judicial review claim

Answer 18

Application for Leave
Issuing Claim
First Hearing
Final Hearing

Question 19

How is a claim for judicial review brought?

Answer 19

initiating judicial review proceedings is a two-stage process which first requires an application for leave to apply for judicial review. If leave is granted, the proceedings are to be commenced by way of a fixed date claim form.

Question 20

What happens at the first hearing?

Answer 20

At the first hearing, the judge must give any directions as may be required to ensure the expeditious and just trial of the claim and thus, all the case management powers entrusted to him under the CPR applies, such as orders for witness statements to be served, cross-examination of witnesses, disclosure of documents, service of skeleton arguments to name a few.

Question 21

in determining whether there is an arguable case, the court will have regard to ___________________?

Answer 21

the nature and gravity of the issue to be argued.

Question 22

What are the possible reliefs in a Judicial review claim

Answer 22

Certiorari
Madamus
Declcarations