Changes to time limits for bringing judicial review decisions

Posted 22/10/2013

The coalition government as part of its various reviews concluded that there were too many judicial reviews and that “something had to be done about this.”

The first major change is that the time period for making the initial application for leave to apply for judicial review has been reduced from 3 months to 6 weeks. For those of you who have not been involved in judicial review cases there is no automatic right to challenge the decision at a hearing. If leave is granted the case is then put in the list for hearing.

If leave is refused it is then possible to make an oral application to the court and this may be a contested hearing. There is a further important change associated with this part of the process. From 1st July 2013 there is no longer an automatic right to ask for the matter to be reconsidered orally. A new provision has been introduced where the right to an oral hearing is removed if a judge when considering the matter at the paper stage rules that the case is “totally without merit.” This is quite a draconian power and undoubtedly there will be various appeals seeking a ruling that the judge was incorrect in so ruling.The important implications therefore are

The time period for making the initial application for leave is reduced to 6 weeks.

This will mean that completions will be brought forward and land can be developed earlier than has been the case

If an application for judicial review is made there is more of an opportunity to seek a ruling that the application for judicial review is total without merit.That is the good news for landowners and developers who are bringing forward development proposals. However, if you wish to challenge the grant of permission then it will be necessary to get advice earlier in the process and to move much more quickly once the decision to grant permission has been made.For further information on this and any other aspects of planning, please contact Bob Mc Geady who has been involved in  a number of recent Court of Appeal planning related judicial review cases. His contact details are bob.mcgeady@ashtonslegal.co.uk or telephone 0771 428 1254.