Judicial review: late applications: decision to accept

CPR rule 3.1 gives judges some discretion after the time limit (6 weeks in planning cases for judicial review or other statutory challenges) in stating that except where the rules provide otherwise the court may “extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the tiem for compliance has expired)”

According to the relevant guide you need:

  • evidence explaining the delay
  • an adequate explanation and show that:
  • extension will not cause substantial hardship or prejudice to the defendant or any other party
  • extension will not be detrimental to good administration

The Administrative Court Judicial Review Guide

Connors and Others v Secretary of State for Communities and Local Government and others 2017 EWCA Civ 2859 – 

  • onus on claimant
  • Waiting for the result of another case is not sufficient reason

R (Thornton Hall Hotel Limited v Wigan Metropolitan Council and Others 2018 EWHC 560

See these blog posts on simoncity.com for further information on late JR claims

Slow Claim Coming: Limiting JRs

Fawlty Powers: When Is A Permission Safe From Judicial Review?

 

 

 

 

 

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