The Civil Procedure Rule Committee is consulting on the CPR's pre action protocol for judicial review. This followed an earlier consultation on a template pre action protocol letter for judicial
The Civil Procedure Rule Committee is consulting on the CPR's pre action protocol for judicial review. This followed an earlier consultation on a template pre action protocol letter for judicial reviews of immigration decisions. The consultation document can be found here.
The proposed protocol is unlikely to be controversial, and only really codifies recent developments to the judicial review regime, and particularly the government's reforms.
It proposes to necessarily update the guidance as to when judicial review is to be used, from its current incarnation as when "there is no right of appeal", to the more complete term "where no adequate alternative remedy, such a right of appeal, is available".
The proposed protocol states that a claimant should now confirm the legal basis for their claim (they were previously directed only to summarise why a decision was "contended to be wrong"), as well as provide a summary of the facts. Perhaps slightly unusually, it is proposed that where the claimant is a litigant in person, the defendant should enclose a copy of the pre action protocol with their reply to the claimant's letter before claim.
The consultation closes on 14 November 2014.
The proposed protocol is unlikely to be controversial, and only really codifies recent developments to the judicial review regime, and particularly the government's reforms.
It proposes to necessarily update the guidance as to when judicial review is to be used, from its current incarnation as when "there is no right of appeal", to the more complete term "where no adequate alternative remedy, such a right of appeal, is available".
The proposed protocol states that a claimant should now confirm the legal basis for their claim (they were previously directed only to summarise why a decision was "contended to be wrong"), as well as provide a summary of the facts. Perhaps slightly unusually, it is proposed that where the claimant is a litigant in person, the defendant should enclose a copy of the pre action protocol with their reply to the claimant's letter before claim.
The consultation closes on 14 November 2014.