Judicial review—time limits and the pre-action protocol

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers
Practice notes

Judicial review—time limits and the pre-action protocol

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers

Practice notes
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When considering whether and how to bring a claim for Judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note: Judicial review—what it is and when it can be used.

Time limits

Where judicial review is the chosen course, the next step will normally be to ensure that there is still time to bring a claim. Under CPR 54.5, claims for judicial review (save for the three exceptions mentioned below) must be brought promptly and, in any event, within three months of the date on which the grounds for bringing the claim first arose.

There is an overriding requirement of promptness and it should not be assumed that a claim will be in time just because it is brought within three months. In R (Paul Jones) v Chief Constable of Merseyside Police the court emphasised that the three month limit is a backstop and

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Jurisdiction(s):
United Kingdom
Key definition:
Judicial review definition
What does Judicial review mean?

Judicial review is the English administrative law practice of the courts reviewing the exercise of powers by public bodies in terms of their effect on an individual.

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