PRACTICE DIRECTION 54A – JUDICIAL REVIEW

This Practice Direction supplements Part 54

Contents of this Practice Direction
Title	Number
SECTION I – GENERAL PROVISIONS RELATING TO JUDICIAL REVIEW
The Court
Rule 54.5 – Time limit for filing claim form	Para. 4.1
Rule 54.6 – Claim form
Interested parties	Para. 5.1
Human rights	Para. 5.3
Devolution issues	Para. 5.4
Claim form	Para. 5.6
Bundle of documents	Para. 5.9
Rule 54.7 – Service of claim form
Rule 54.8 – Acknowledgment of service
Rule 54.10 – Permission given
Directions	Para. 8.1
Permission without a hearing	Para. 8.4
Permission hearing	Para. 8.5
Rule 54.11 – Service of order giving or refusing permission
Rule 54.14 – Response
Rule 54.15 – Where claimant seeks to rely on additional grounds
Rule 54.16 – Evidence
Rule 54.17 – Court’s powers to hear any person
Rule 54.20 – Transfer
Skeleton arguments	Para. 15.1
Bundle of documents to be filed	Para. 16.1
Agreed final order	Para. 17.1
SECTION II – APPLICATIONS FOR PERMISSION TO APPLY FOR JUDICIAL REVIEW IN IMMIGRATION AND ASYLUM CASES – CHALLENGING REMOVAL

SECTION I – GENERAL PROVISIONS RELATING TO JUDICIAL REVIEW

1.1

In addition to Part 54 and this practice direction attention is drawn to:

section 31 of the Senior Courts Act 1981; and
the Human Rights Act 1998

The Court

2.1

Part 54 claims for judicial review are dealt with in the Administrative Court.

(Practice Direction 54D (Administrative Court (Venue)) contains provisions about where a claim for judicial review may be started, administered and heard.)


2.2	Omitted


2.3	Omitted

Para 2.3 addres changed w/e from 1 April 2003.


2.4	Omitted


3.1	Omitted


3.2	Omitted

Rule 54.5 – Time limit for filing claim form


4.1	Where the claim is for a quashing order in respect of a judgment, order or conviction, the date when the grounds to make the claim first arose, for the purposes of rule 54.5(1)(b), is the date of that judgment, order or conviction.

Rule 54.6 – Claim form

Interested parties


5.1	Where the claim for judicial review relates to proceedings in a court or tribunal, any other parties to those proceedings must be named in the claim form as interested parties under rule 54.6(1)(a) (and therefore served with the claim form under rule 54.7(b)).


5.2	For example, in a claim by a defendant in a criminal case in the Magistrates or Crown Court for judicial review of a decision in that case, the prosecution must always be named as an interested party.

Human rights


5.3	Where the claimant is seeking to raise any issue under the Human Rights Act 1998, or seeks a remedy available under that Act, the claim form must include the information required by paragraph 15 of the practice direction^pdp-16supplementing Part 16.

Cross-ref corrected March 2003.

Devolution issues

5.4

Where the claimant intends to raise a devolution issue, the claim form must:

(1) specify that the applicant wishes to raise a devolution issue and identify the relevant provisions of the Government of Wales Act 2006, the Northern Ireland Act 1998 or the Scotland Act 1998; and

(2) contain a summary of the facts, circumstances and points of law on the basis of which it is alleged that a devolution issue arises.


5.5	In this practice direction ‘devolution issue’ has the same meaning as in paragraph 1, Schedule 9 to the Government of Wales Act 2006, paragraph 1, Schedule 10 to the Northern Ireland Act 1998; and paragraph 1, Schedule 6 to the Scotland Act 1998.

Claim form

5.6

The claim form must include or be accompanied by –

(1)     a detailed statement of the claimant’s grounds for bringing the claim for judicial review;

(2)     a statement of the facts relied on;

(3)     any application to extend the time limit for filing the claim form;

(4)     any application for directions.

Paragraph 5.6 sub-paragraph (5) deleted w/e from 2 December 2002.

5.7

In addition, the claim form must be accompanied by

(1)     any written evidence in support of the claim or application to extend time;

(2)     a copy of any order that the claimant seeks to have quashed;

(3)     where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;

(4)     copies of any documents on which the claimant proposes to rely;

(5)     copies of any relevant statutory material; and

(6)     a list of essential documents for advance reading by the court (with page references to the passages relied on).

5.8
Where it is not possible to file all the above documents, the claimant must indicate which documents have not been filed and the reasons why they are not currently available.

Bundle of documents


5.9	The claimant must file two copies of a paginated and indexed bundle containing all the documents referred to in paragraphs 5.6 and 5.7.

Cross-refs corrected March 2003.

5.10

Attention is drawn to rules 8.5(1) and 8.5(7).

Rule 54.7 – Service of claim form


6.1	Except as required by rules 54.11 or 54.12(2), the Administrative Court will not serve documents and service must be effected by the parties.

6.2

Where the defendant or interested party to the claim for judicial review is –

(a) the Asylum and Immigration Tribunal, the address for service of the claim form is the Asylum and Immigration Tribunal, Official Correspondence Unit, PO Box 6987, Leicester, LE1 6ZX or fax number 0116 249 4131;

(b) the Crown, service of the claim form must be effected on the solicitor acting for the relevant government department as if the proceedings were civil proceedings as defined in the Crown Proceedings Act 1947.

(The practice direction^pdp-66supplementing Part 66 gives the list published under section 17 of the Crown Proceedings Act 1947 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)

(Part 6 contains provisions about the service of claim forms.)

Paragraph 6.2 added w/e from 1 October 2007,
Text substituted in paragraph 6.2 w/e from 1 October 2008.

Rule 54.8 – Acknowledgment of service


7.1	Attention is drawn to rule 8.3(2) and the relevant practice direction and to rule 10.5.

Rule 54.10 – Permission given

Directions


8.1	Case management directions under rule 54.10(1) may include directions about serving the claim form and any evidence on other persons.


8.2	Where a claim is made under the Human Rights Act 1998, a direction may be made for giving notice to the Crown or joining the Crown as a party. Attention is drawn to rule 19.4A and paragraph 6 of the Practice Direction supplementing Section I of Part 19.


8.3	Omitted

Permission without a hearing


8.4	The court will generally, in the first instance, consider the question of permission without a hearing.

Permission hearing


8.5	Neither the defendant nor any other interested party need attend a hearing on the question of permission unless the court directs otherwise.


8.6	Where the defendant or any party does attend a hearing, the court will not generally make an order for costs against the claimant.

Rule 54.11 – Service of order giving or refusing permission


9.1	An order refusing permission or giving it subject to conditions or on certain grounds only must set out or be accompanied by the court’s reasons for coming to that decision.

Rule 54.14 – Response


10.1	Where the party filing the detailed grounds intends to rely on documents not already filed, he must file a paginated bundle of those documents when he files the detailed grounds.

Rule 54.15 – Where claimant seeks to rely on additional grounds


11.1	Where the claimant intends to apply to rely on additional grounds at the hearing of the claim for judicial review, he must give notice to the court and to any other person served with the claim form no later than 7 clear days before the hearing (or the warned date where appropriate).

Rule 54.16 – Evidence


12.1	Disclosure is not required unless the court orders otherwise.

Rule 54.17 – Court’s powers to hear any person


13.1	Where all the parties consent, the court may deal with an application under rule 54.17 without a hearing.


13.2	Where the court gives permission for a person to file evidence or make representations at the hearing of the claim for judicial review, it may do so on conditions and may give case management directions.


13.3	An application for permission should be made by letter to the Administrative Court office, identifying the claim, explaining who the applicant is and indicating why and in what form the applicant wants to participate in the hearing.

Paragraph 13.3 inserted w/e from 2 December 2002.

13.4

If the applicant is seeking a prospective order as to costs, the letter should say what kind of order and on what grounds.

Paragraph 13.4 inserted w/e from 2 December 2002.

13.5

Applications to intervene must be made at the earliest reasonable opportunity, since it will usually be essential not to delay the hearing.

Paragraph 13.5 inserted w/e from 2 December 2002.


(1)	any written evidence in support of the claim or application to extend time;


(2)	a copy of any order that the claimant seeks to have quashed;


(4)	copies of any documents on which the claimant proposes to rely;


(6)	a list of essential documents for advance reading by the court (with page references to the passages relied on).


5.8	Where it is not possible to file all the above documents, the claimant must indicate which documents have not been filed and the reasons why they are not currently available.


14.2	In deciding whether a claim is suitable for transfer to the Administrative Court, the court will consider whether it raises issues of public law to which Part 54 should apply.


15.1	The claimant must file and serve a skeleton argument not less than 21 working days before the date of the hearing of the judicial review (or the warned date).


15.2	The defendant and any other party wishing to make representations at the hearing of the judicial review must file and serve a skeleton argument not less than 14 working days before the date of the hearing of the judicial review (or the warned date).


16.1	The claimant must file a paginated and indexed bundle of all relevant documents required for the hearing of the judicial review when he files his skeleton argument.


16.2	The bundle must also include those documents required by the defendant and any other party who is to make representations at the hearing.


17.1	If the parties agree about the final order to be made in a claim for judicial review, the claimant must file at the court a document (with 2 copies) signed by all the parties setting out the terms of the proposed agreed order together with a short statement of the matters relied on as justifying the proposed agreed order and copies of any authorities or statutory provisions relied on.


17.2	The court will consider the documents referred to in paragraph 17.1 and will make the order if satisfied that the order should be made.


17.3	If the court is not satisfied that the order should be made, a hearing date will be set.


17.4	Where the agreement relates to an order for costs only, the parties need only file a document signed by all the parties setting out the terms of the proposed order.


18.4	If, upon a refusal to grant permission to apply for judicial review, the Court indicates that the application is clearly without merit, that indication will be included in the order refusing permission.