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Paper Application for Permission to apply for Permission to apply for Judicial Review against the Home Office or Tribunal

A claim form (Form N461) is required for the application for permission to apply for Judicial Review and the form must comprise of or be accompanied by:

  • A comprehensive statement of the applicant’s grounds for bringing the claim for judicial review;
  • A statement of the facts relied on;
  • Any form of application used to prolong the time limit for filing the claim form;
  • Any application for directions.

The claim form must consist of information required by Part 16 of the Civil Procedure Rules supplemented by paragraph 16 of the Practice Direction, if the applicant is seeking to raise any issue under the Human Rights Act 1998 or any solution available under this Act.

The following must also be attached to the claim form:

  • Any application to prolong time or any written evidence to support the claim;
  • A copy of any order you are looking to have quashed;
  • An approved copy of the reasons for reaching the decision where the claim for judicial review is in relation to a court or tribunal decision;
  • Replicas of any documents upon which you propose to depend on;
  • Copies of any significant statutory material;
  • A list of crucial documents for improved reading by the court (with page references to the passages depend on). In the case where only part of a page needs to be read, that part should be specified by sidelining or in any other way except for highlighting.

In the scenario where it was not possible for the applicant to file the above document, he or she must be able to indicate which documents they have been unable to file and they should also be able to specify why the documents are currently unavailable. The defendant or interested party may strive for prolonged time for the lodging of its acknowledgement of service awaiting receipt of the missing documents.

Sufficient additional copies of the claim form must be lodged by the individual for the court to seal them, that is, stamp them with the court seal, this would enable the applicant to serve them on the defendant or interested party. Any interested parties or the defendant will be served copies of these documents as soon as the sealed copies are returned to the applicant.

Relevant legislative provisions and statutory instruments are required for proper consideration of this application must be provided by the solicitors if they represent the applicant and if the applicant is acting in person, he or she should also comply with these requirements.

SERVICE ON THE DEFENDANT AND ANY INTERESTED PARTIES

Unless the court directs otherwise, the sealed copy of the claim and other accompanied documents must be served on the defendant or on any interested party within 7 days from the issued date, that is, the date shown on the court.

A Certificate of Service in Form N215 in the relevant Administrative Court Office must be lodged the applicant within 7 days of serving the defendant or interested parties.

APPLICATION FOR URGENT CONSIDERATION OR INTERIM ORDER

A Request for Urgent Consideration, Form N463 (which can be acquired from the HMCS website or the relevant Administrative Court Office) must be completed by the applicant, if he or she wants their application for permission to be considered or heard by a Judge as a matter of urgency and to look for an interim injunction. The above mentioned form sets out the motives for urgency and the timescale sought for consideration of the application for permission, that is, within 72 hours or earlier if it is necessary and this also includes the date that the substantive hearing should take place.

In addition to seeking an interim injunction, the individual must provide a draft order and the bases for the injunction. The applicant must provide the claim form, the draft order and the application for urgency by FAX or post to the defendant and interested parties. In respect to the application, the individual will advise the defendants or interested parties of the application and notify them that they may make representations directly to the Court.

A Judge will contemplate the application within the requested time when he or she deems it fit to do so. The application for permission may be refused by the Judge if he or she considers it appropriate.

The Administrative Court Office will communicate with the individual and the representatives of the other parties to schedule a permission hearing based on the time period directed by the Judge, which is if the Judge directs that an oral hearing must occur within a specific time period.

In the case where a distinctly inappropriate urgency application is prepared, contemplation may, in appropriate cases, be given to making a wasted costs order.

ACKNOWLEDGEMENT OF SERVICE

An acknowledgement of service, that is Form N462, must be filed in the Administrative Court Office by any individual who has been provided with the claim form and he or she wishes to take part in the Judicial Review and this is to be done within 21 days of the proceedings that has been served upon them.

The summary of grounds for contesting the claim must be shown on the acknowledgement of service and those individuals who have not previously been identified or served as an interested party but are considered as interested parties must have their names and addresses on this form.

In not more than 7 days, the individual and interested parties must be served the acknowledgement of service after it has been filed in court. It becomes essential for the party to acquire the permission of the court to take part in any oral hearing that is based on the application for permission if failure to file an acknowledgement for service occurs.

DECISION ON AN APPLICATION FOR PERMISSION TO APPLY FOR JUDICIAL REVIEW

On the papers, a single judge contemplates the applications for permission to proceed with the claim for judicial review. The objective of this process is to certify that applications are speedily dealt with and does not acquire unnecessary expenses.

Upon receiving the Administrative of Service or at the expired time limit for lodging such an acknowledgement, the papers will be forwarded by the Administrative Court Office to the Judge.

The individual, the defendant and any other interested parties that has been served a claim form will receive the decision of the Judge and his or her reasons for the decision (Form JRJ). The applicant must lodge an additional fee of 215 pounds or a further Application for Remission of Fee, i.e. Form EX160, within the 7 day period of service of the judge’s decision with the relevant Administrative Court Office if the Judge grants permission and the individual wishes to purse the claim further. The file will be closed by the Administrative Court if the individual does not lodge the additional fee.

The individual may request a reevaluation at an oral hearing based on certain decisions such as if the permission was refused, if it was granted but with conditions or granted on certain grounds only.

RESPONSIBILITY FOR THE COSTS OF THE DEFENDANT IF THE APPLICATION IS UNSUCCESSFUL

Based on the general rule, the costs of the other parties are ordered to be paid by the party losing a substantive claim for Judicial Review. In all of the circumstances, where the Judge deems it appropriate he or she has the discretion to deal with the issue of costs. With respect to any unsuccessful paper application, costs are awarded. The Acknowledgement of Service normally receives any application by the defendant or interested party for costs.

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