Time Limits Flashcards
Purpose
To ensure that proceedings are not brought for the convenience of the parties BUT…
to ensure that justice is done quickly
Where are time limits found ?
In Order 84, r 21(1) of the rules of the superior courts
How long ?
Now take 3 months from the date when grounds for application first arose
Courts can extend time limits — if there is good reason to do so
Delay— mainly to be taken into account at the — leave stage of a judicial review application —BUT— may also be considered at the hearing of the application if the court is asked to do so
R v Child and family agency 2019
Application for JR—- of care orders—- refused—- brought outside 3 month limit
Similarly — in Arthropharm ( Europe) limited v Health Products Regulatory authority 2020
JR— refused— brought 5 months after relevant date
Exceptions to time limits ( 2 main ones)
Time limits have been shortened by statute —found in—- planning law and immigration Law — time limits are a matter of weeks rather than months
Planning law— governed by s 50 (a) of planning and development act 2000 amended by s13 of planning and development act 2009 ( time limit is 8 weeks)
Immigration law: s5(2)(a) of illegal immigrants (trafficking) Act 2000 amended by s34 employment permit act 2014– time limit is 28 days from the notification of the decision
When does time limit begin to run?
Begins to run only when a decision becomes effective — according to SC in Mulcreevy v Minister for environment 2004
Sloan v An Bord Pleanala 2003
Application to quash — boards decision to approve a motorway scheme — within the time — JR refused.
Arthropharm ( Europe) limited v Health Products Regulatory authority 2020
Applied to hc—- to challenge —-Decision to grant marketing authorisation regarding a veterinary medicinal product
Held— relevant date for calculation of 3 month time limit— was the date of the posting of the decision to grant marketing authorisation on authority’s website
Delay
One of the factors that might cause a court to refuse an otherwise valid application for JR— delay
It is possible for applicant — to apply for extension of time—- taken outside time limits when they apply for leave
Burden of proof — on applicant — Denham J in De Roiste
Extensions of time
Possible to extend the time to take Jr - if it hasn’t been taken within the 3 month time limit
HC — has discretion under Order 84 rr 21 (3)-(5) RSC to grant an extension of time
If satisfied there is “good and sufficient reason” and that
Delay is due to circumstances which are outside — applicants control or which he could not reasonably have anticipated
Courts can have regard to effect the extension of time might have on respondent or 3rd party
Doherty v referendum commission 2012
Applicant- delayed bringing challenge — delay was callable of being prejudicial to other parties
— could not refuse relief on grounds of delay
Clarke j— FACTORS- in Kelly V Leitrim County Council 2005
1) prove it was not possible for applicant to comply with time limits
2) whether 3 party rights affected by time delay
3) any prejudice - to 3rd party
4) applicants personal responsibility for delay
5) importance of proceedings for applicant
6) whether applicant has arguable case
2 more factors listed in F.A v Refugee Appeal Tribunal 2007
7) whether applicant decided to start proceedings within time limits
8) whether applicant — had access to legal advice during the period
