Judicial Review - CPR 54

Question 1

What’s judicial review?

Answer 1

The courts are supervising statute that’s empowered a public body eg a decision that’s been made by the local council

Question 2

Will JR review a piece of primary legislation?

Answer 2

No eg whether the law is right or wrong, it’ll only review a law that’s given power to a public body

Question 3

Time limit for filing a claim form for JR

Answer 3

Local council refused your child going to school by the power of the Education Act = Judicial Review.
CF must be filed promptly and no later than 3 months after the grounds to make the claim first arose.
JR only applies to public bodies, doesn’t apply to parliment or law makers.

Question 4

What does Locus Standi mean?

Answer 4

Are they of local standing? AKA have you been impacted by the decision itself?

In other words, If a particular applicant is found to have standing then they will be permitted to have their request heard

Question 5

Requirement for judicial review?

Answer 5

Locus standi - have you been impacted by the decision yourself?

Question 6

How many days do you have to serve claim form?

Answer 6

7 days for service of CF

Question 7

How may days do you have to serve AOS?

Answer 7

21 days, not the usual 14 days

Question 8

Is JR part 7 or 8?

Answer 8

Part 8 due to it being special proceedings

Question 9

How many days do you have to file AOS after service of CF?

Answer 9

AOS must be filed not more than 35 days after service of CF and served on claimant ASAP or no later than 7 days after it’s filed