Generally before making a claim for Judicial Review, the protocol sets out certain codes of good practice that contain the steps which parties should follow. The avoidance of unnecessary litigation is the objective of the pre-action protocol.
A letter should be sent to the defendant (Home Office, UKBA) before the claimant makes a claim for Judicial Review (JR) against the Home Office, UKBA. Avoiding litigation with the Home Office, UKBA and identifying the issues in dispute is regarded as the purpose of the letter. There are some required features that should be contained in the letter such as the date and details of the decision of the refusal letter, any form of act or omission being challenged and an adequate summary of facts against the Home Office, UKBA which is based on the Judicial Review claim.
The details of any relevant information made by the claimant seeking from the Home Office, UKBA should also be included in the letter as well as an explanation of why the information is considered relevant. With exception to the circumstance where by the case requires immediate action to be taken, the claim against the UKBA by the Judicial Review (JR) should not be made until the anticipated reply date stated on the letter before the claim has passed.
Unless there are good reasons for not responding within the 14 days period, certain sanctions will be imposed if the Defendant (Home Office, UKBA) does not respond to the letter before the pre-action protocol letter within 14 days. If the UKBA responds within the 14 day period but continues to maintain their decision to refuse application or they do not reply to the pre-action protocol letter within the specified period, an application for permission to apply for Judicial Review can be filed in the Upper Tribunal.
The time limit specified by CPR 54.5(1) does not affect the protocol, that is, after the grounds upon which the claim is based first arose, a prompt application for permission to apply for Judicial Review must be made and not later than 3 months.