Paragraph 3

Question 1

What is the time limit for a claim form to be filed for JR

Answer 1

3 months - this is set out in CPR 54.5 (1) and senior courts act 1981 31 (6)

Question 2

Time limit for planning cases

Answer 2

6 weeks - CPR 54.5 (6)

Question 3

Time limit for procurement cases where public authorities award contracts

Answer 3

30 days - CPR 54.5 (6)

Question 4

O’Reilly v Mackman [1983] - what did this case state

Answer 4

If there is going to be a challenge, it must be made quickly, so that the public authority does not experience the threat or uncertainty that litigation may pose

Question 5

If an act contains a time limit for bringing a challenge to a decision…

Answer 5

The time limit must be satisfied. If the time limit has expired, a JR claim can no longer be made. This was seen in R v Secretary of State for the Environment [1977] as the statutory time limit of 6 weeks for challenging a decision under the highways act [1959] had expired and the court upheld the time limit, not allowing the challenge

Question 6

However .. undue delay

Answer 6

However, if there has been undue delay, the court does have a discretion to extend the time limit, but this discretion is exercised very sparingly

Question 7

What case shoes undue delay

Answer 7

Jackson [1985] - where the courts delayed the case for 9 months as the party was trying to get legal aid, this was a delay outside of the control of the parties involved

Question 8

Sufficient interest / standing

Answer 8

Furthermore, applicants must have sufficient interest / standing to bring a claim. Standing will not normally be dealt with at the permission stage, but at the full hearing stage, of the claimant has good grounds for seeking JR (r v inland revenue commissioners [1982])

Question 9

What did Lord Diplock state in r b inland revenue commissioners [1982]

Answer 9

In this case, Lord Diplock stated that the purpose of permission is to prevent the time of the court being wasted by busy bodies with misguided or trivial complaints of administrative error and to remove uncertainties

Question 10

Sufficient interest test

Answer 10

Standing is also ascertained using the sufficient interest test, as set out in Section 31(3) of the Senior Courts Act 1981, stating that the applicant must have sufficient interest in the matter to which the application relates. This includes direct personal interest - individuals who are affected by a particular action that has been made - and genuine public and constitutional interest