Paragraph 2 Flashcards
Where is the special procedure to be followed on JR laid down
Part 54 of the Civil Procedure Rules 1998
Permission
Judicial review is not an action that may be brought as of right; rather, a claimant requires the permission of the court to bring a judicial review of an action, omission or decision
Pre-action protocol
The claimant must also comply with the pre-action protocol, requiring them to write to the defendant identifying the disputed issues and seeing whether the matter can be resolved without litigation
Application for permission
The first part of the procedure for initiating judicial review is the application for permission. The claimant does this by completing the claim form, including the facts, his or her legal submission to the court, and relevant citations to accompany his or her legal arguments. He or she will need to include written evidence to verify facts
Where is the form to be submitted
The form must be submitted to the administrative court (high court) before the time limit expires