The Administrative Court Judicial Review Guide 2021 - …

1 JUDICIARY FORENGLAND AND WALESThe Administrative CourtJudicial Review Guide 2021 July 2021123 ContentsForeword to the 2021 Edition Preface to the 2021 Edition PART A: PRELIMINARY MATTERS 1. The Judicial Review Guide The Civil Procedure Rules Practice Directions Forms Fees Calculating time limits The Administrative Court The Administrative Court Office The judiciary and the Master The need to observe the rules Sanctions Identifying the parties The parties Multiple claimants / defendants / interested parties Case titles in General Obligation to comply with procedural rules The hearing Practical assistance for litigants in person Legal

2 Representation and funding McKenzie Friends Restraint Orders and Civil Proceedings General Civil restraint orders Civil proceedings orders Starting the General considerations The Judicial Review Pre-action Protocol Situations where a claim for Judicial Review may be inappropriate Time limits Judicial Review of immigration decisions and decisions on claims for asylum Judicial Review of First-tier Tribunal decisions Judicial Review of decisions taken under the Public Contract Regulations 29 PART B: THE CLAIM 317.

3 Starting the Claim Overview of Judicial Review procedure Filing the Claim Form Required documentation Duty of inquiry Duty of candour and cooperation with the Court Disclosure Where to file the claim (appropriate venue) Filing documents with the Court Serving the Claim Form Additional provisions for persons subject to a Civil Proceedings Order or a Civil Restraint Order Amending the claim or grounds for Judicial Review before the Court considers permission 418. The Acknowledgment of Service Filing an Acknowledgment of Service Time for filing the Acknowledgment of Service Contents of the Acknowledgment of Service Defendant s applications Permission stage reply 459.

4 The Permission Stage of the Judicial Review Procedure The application Court orders at the permission stage Totally without merit orders Reconsideration at an oral hearing Time estimate for renewed application Procedure at renewal hearings Procedure where the Upper Tribunal is the defendant Judicial Review Costs Capping Orders: general CCOs: procedure 5410. After Permission Directions for substantive hearing Amending the claim Action if an interpreter is required Responsibility for production of serving prisoners and detained persons 5911.

5 Substantive Hearing Format of the hearing Evidence Use of the Welsh language Judicial Review without a hearing Threshold for relief Judgment and orders 6112. Remedies Introduction Mandatory order Quashing order Prohibiting order Declaration Declaration of incompatibility Injunction Damages The grant of remedies Remedies where the outcome would not have been substantially different if the conduct complained of had not occurred 6713. Case Management Case management in the Administrative Court Duties of the parties Role of the Administrative Court Office staff Role of the Administrative Court Office lawyers The Master of the Administrative Court Role of the judiciary Applications once a claim has commenced Applications for a claim to be stayed Relief from sanctions Abuse of the Court s process Communications which are abusive or without proper purpose 7614.

6 Listing Listing policy Listing procedure Divisional Courts Applying to adjourn a hearing that has been listed 78 PART C: SPECIFIC PRACTICE POINTS 8015. The duty of candour and co-operation with the Court The duty The duty as it applies to claimants and their representatives The duty as it applies to defendant public authorities and their representatives Interested parties Redactions 8216. Interim relief When is interim relief appropriate? Interim relief applications before starting proceedings Interim applications made when the claim is filed Interim relief applications made after proceedings have been commenced Procedure for determining applications for interim relief Criteria for deciding applications for interim relief Challenging a decision on an application for interim relief Removal cases 8717.

7 Urgent cases General Assessing whether a case is urgent and, if so, how urgent The application for urgent consideration The documents that must accompany the application How to file the application and application bundle Service of the application Consideration of the application by the Court Out of hours applications 9318. Action against professional representatives for abuse of the Court s procedures The Hamid jurisdiction: general The Hamid jurisdiction: abuse of the urgent consideration procedure Action by professional regulators 9519.

8 Skeleton arguments and other required documents General Content of skeleton arguments Length and format of skeleton arguments Filing and serving skeleton arguments Other required documents 9820. Documents Bundles: general The hearing bundle Other hearings Format of bundles How to lodge electronic bundles Litigants in person Sanction for non-compliance 10321. Authorities General Substantive hearings Other hearings Format of authorities bundles Litigants in person Sanctions 10522.

9 Evidence Witness evidence Expert evidence 107 PART D: ENDING THE CLAIM 10923. Ending a Claim Introduction Claim determined by the Court Discontinuance Consent orders and uncontested proceedings Settlements on behalf of children and protected parties Other points of practice 11124. Costs Liability for costs Reasonable costs and the basis of the assessment Summary and detailed assessment Costs orders at the permission stage Costs when a claim has been settled Interested parties and costs Costs orders in favour of and against interveners Orders which do not mention costs Applications to set aside costs orders Costs orders when the paying party is in receipt of Legal Aid Orders that costs be paid from central Funds (criminal cases only)

10 Costs orders against courts, tribunals or coroners Wasted costs orders Costs orders where a party is represented pro bono Environmental law claims 12125. Appeals Appeals in civil cases Challenging a decision to grant permission to apply for Judicial Review Appeals against the refusal to grant permission to apply for Judicial Review Appeals against case management orders Appeals against interim orders made by a Master Appeals against decisions made at the substantive hearing of an application for Judicial Review Appeals in criminal causes or matters 126 Annex 1 Contact Details 128 Annex 2 Forms and Fees 131 Annex 3 Addresses for Service