'the planning acts' has the same meaning as in section 336 of the Town and Country Planning Act 1990 2 (Section 31(4) of the Supreme Court Act sets out the circumstances in which the court may award damages, restitution or the recovery of a sum due on a claim for judicial review)ĥ4.4 The court’s permission to proceed is required in a claim for judicial review whether started under this Section or transferred to the Administrative Court.īack to top Time limit for filing claim form (2) A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone. (Where the claimant is seeking a declaration or injunction in addition to one of the remedies listed in rule 54.2, the judicial review procedure must be used) (Section 31(2) of the Supreme Court Act 1981 sets out the circumstances in which the court may grant a declaration or injunction in a claim for judicial review) (1) The judicial review procedure may be used in a claim for judicial review where the claimant is seeking – (d) an injunction under section 30 of the Supreme Court Act 1981 1 (restraining a person from acting in any office in which he is not entitled to act).īack to top When this Section may be used (7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.īack to top When this Section must be usedĥ4.2 The judicial review procedure must be used in a claim for judicial review where the claimant is seeking – (6) At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.
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(5) A party may request any decision of a court officer to be reviewed by a judge of the High Court. (4) Decisions of a court officer may be made without a hearing. (c) a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent. (a) permission to bring judicial review proceedings (3) A court officer may not decide an application for – (c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction. (b) any other matter where there is no substantial dispute between the parties and (a) any matter incidental to any proceedings in the High Court (2) The matters referred to in paragraph (1) are – May exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the Queen's Bench Division. (c)a Fellow of the Chartered Institute of Legal Executives, (1) A court officer assigned to the Administrative Court office who is – (Rule 8.1(6)(b) provides that a rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in Part 8 as they apply to those proceedings)īack to top Who may exercise the powers of the High Court (g) ‘court’ means the High Court, unless otherwise stated. (f) ‘interested party’ means any person (other than the claimant and defendant) who is directly affected by the claim and (e) ‘the judicial review procedure’ means the Part 8 procedure as modified by this Section (ii) a decision, action or failure to act in relation to the exercise of a public function. (a) a ‘claim for judicial review’ means a claim to review the lawfulness of –
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(1) This Section of this Part contains rules about judicial review. I JUDICIAL REVIEW Scope and interpretation
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Judicial review may be decided without a hearingĬourt's powers in respect of quashing ordersįurther provision about Planning Court claims Where claimant seeks to rely on additional grounds Permission decision where court requires a hearingĭefendant etc. Service of order giving or refusing permission Judicial review of decisions of the Upper Tribunalįailure to file acknowledgment of service Who may exercise the powers of the High Court