IRRV Alert - week ending 5th July 2013

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Judicial review reforms come into effect

 

 

 

 

 

 

 

 

The 63rd Update to the Civil Procedure Rules amends Part 52 and Part 54  in respect of Judicial Review claims came into effect today (1 July 2013).

Consequential amendments are made to the Pre-Action Protocol for Judicial Review.

Part 52 is amended to remove the right to reconsideration at a hearing of the refusal of permission to bring Judicial Review (oral renewal) in cases where the application is certified as totally without merit by the Judge considering the application on the papers.

Part 54 is amended reduce the time limits for filing a claim form for judicial review to six weeks in relation to a decision under the 'planning acts' (the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990) and to 30 days in relation to a decision in a procurement regulated by the Public Contracts Regulations 2006.

Transitional Provisions - The Statutory Instrument comes into force on 1 July 2013.The amendments made to rules 52.15 and 54.12 do not apply to an application for judicial review where the claim form was filed before 1 July 2013.  The amendments made to rule 54.5 do not apply to an application for judicial review where the grounds arose before 1 July 2013.

The amendments to the Rules are contained in a Statutory Instrument: The Civil Procedure (Amendment No.4) Rules 2013 Statutory Instrument 2013 No. 1412.

You can also view the Pre-Action Protocol.

 

 

 

 

 


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