Learning Outcomes
After reading this article, you will be able to identify and apply the time limits for bringing a judicial review claim, including the general three-month rule, the requirement for promptness, special statutory deadlines, and the limited circumstances in which extensions may be granted. You will also understand the strategic importance of acting swiftly and the consequences of delay for SQE1 assessment scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the time limits for judicial review and their practical application. As you revise this topic, focus on:
- The general time limit for bringing a judicial review claim and the requirement for promptness
- Special statutory time limits for certain types of cases (e.g., planning, procurement, human rights)
- The court’s discretion to extend or refuse claims due to delay
- The effect of delay on remedies and claim viability
- The importance of acting quickly and following pre-action protocols
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the maximum time limit for filing a judicial review claim under the Civil Procedure Rules, and what additional requirement must also be satisfied?
- How do the time limits for judicial review differ in planning and public procurement cases?
- Can the court extend the time limit for bringing a judicial review claim? If so, in what circumstances?
- Does following the pre-action protocol for judicial review pause or extend the time limit for filing a claim?
Introduction
Judicial review is a process by which the courts supervise the actions of public bodies to ensure they act lawfully. Strict time limits apply to bringing a claim for judicial review. These deadlines are enforced to ensure legal certainty and efficient administration. Missing a time limit can result in a claim being refused, regardless of its merits. Understanding these rules is essential for SQE1.
General Time Limits for Judicial Review
The primary time limit for judicial review is set out in the Civil Procedure Rules (CPR) and the Senior Courts Act 1981.
Key Term: judicial review
Judicial review is a court procedure for challenging the lawfulness of decisions or actions of public bodies.Key Term: promptness
Promptness means acting without undue delay, even if the maximum time limit has not expired.
The Three-Month Rule and Promptness
Under CPR Part 54.5, a claim form for judicial review must be filed:
- Promptly; and
- In any event, not later than three months after the grounds for the claim first arose.
The three-month period is a maximum, not a target. The requirement for promptness means that a claim may be refused even if filed within three months, if the court considers there was undue delay.
Key Term: grounds for the claim first arose
The time limit runs from the date when the claimant knew, or ought to have known, of the decision or action being challenged.
Worked Example 1.1
A local authority makes a decision on 1 February. The claimant learns of the decision on 5 February. The claim form is filed on 30 April. Is the claim in time?
Answer: The claim is within three months of the decision, but the court will also consider whether it was filed promptly. If there was no good reason for waiting until the end of April, the claim could be refused for lack of promptness.
Special Statutory Time Limits
Certain types of judicial review claims have shorter, specific time limits set by statute or regulation.
Planning Cases
Challenges to planning decisions (e.g., grants of planning permission) must be brought within six weeks of the decision, as required by the Town and Country Planning Act 1990 and related legislation.
Procurement Cases
In public procurement disputes, the time limit is 30 days from the date the claimant knew or ought to have known of the grounds for the claim (Public Contracts Regulations 2015).
Human Rights Act Claims
Claims under the Human Rights Act 1998 must be brought within one year of the alleged unlawful act, unless the court considers it equitable to allow a longer period.
Key Term: statutory time limit
A statutory time limit is a deadline set by legislation for bringing a specific type of claim.
Extensions and Judicial Discretion
The court has limited power to extend the time limit for judicial review, but this is only exercised in exceptional circumstances.
Key Term: undue delay
Undue delay is delay that the court considers excessive, even if the claim is within the maximum time allowed.
The court will consider:
- The length and reason for the delay
- Whether the claimant acted reasonably
- The effect of delay on the defendant or third parties
- The public interest in finality
If the court finds undue delay, it may refuse permission to proceed or refuse a remedy, even if the claim is otherwise valid.
Worked Example 1.2
A claimant discovers a planning decision was made on 1 March but does not file a claim until 1 June, arguing they were gathering evidence. Is an extension likely?
Answer: No. The six-week statutory time limit for planning cases is strict. The court will rarely extend it, and gathering evidence is unlikely to justify the delay.
The Pre-Action Protocol and Protective Claims
Before issuing a claim, claimants should follow the Pre-Action Protocol for Judicial Review, which involves sending a letter before claim to the public body. However, this does not stop the time limit from running. Claimants must ensure that pre-action steps do not cause them to miss the deadline.
If time is short, a claimant may file a "protective claim" to preserve their right to proceed, even if all details are not yet finalised.
Key Term: protective claim
A protective claim is a claim form filed to meet a deadline, with details to be completed later.
Effect of Delay on Remedies
Even if a claim is allowed to proceed, the court may refuse to grant a remedy if there has been undue delay and it would cause substantial hardship or prejudice to others, or be detrimental to good administration.
Exam Warning
The court may refuse permission or a remedy due to delay, even if the claim is otherwise strong. Always act as soon as possible.
Strategic Considerations
- Assess the merits of a claim quickly.
- Do not wait until the end of the time limit.
- Pursue alternative remedies (such as internal appeals) with caution, as these do not extend the time for judicial review.
- If in doubt, file a protective claim to preserve your position.
Worked Example 1.3
A claimant is considering an internal appeal against a public body’s decision. The appeal process will take two months, but the judicial review time limit will expire in six weeks. What should the claimant do?
Answer: The claimant should file a protective judicial review claim before the time limit expires, even if the internal appeal is ongoing, to avoid losing the right to challenge the decision.
Key Point Checklist
This article has covered the following key knowledge points:
- The general time limit for judicial review is three months from when the grounds first arose, but claims must also be filed promptly.
- Special statutory time limits apply in planning (six weeks), procurement (30 days), and human rights (one year) cases.
- The court may refuse permission or a remedy if there has been undue delay, even if the claim is within the maximum time allowed.
- Extensions of time are rarely granted and require exceptional justification.
- Following the pre-action protocol does not pause the time limit; protective claims may be needed.
- Delay can defeat a claim, regardless of its merits.
Key Terms and Concepts
- judicial review
- promptness
- grounds for the claim first arose
- statutory time limit
- undue delay
- protective claim
