Judicial review: it's about time
At present, an application for a judicial review of a decision made by a public body must be made ‘promptly’ and within three months of that decision being taken in any event.
In a planning context, the apparent vagueness and uncertainty of this wording has resulted in a number of legal challenges involving a determination as to whether a claimant has indeed acted ‘promptly’ in bringing their claim to court. The point is important, as any unreasonable delay in that respect could result in the dismissal of the judicial review application, even if that is brought within the so-called three-month-long stop period.
In the light of this and overarching concerns over the delay to development schemes arising from the judicial review process, the government has now announced that it will introduce important changes to judicial review time periods in relation to planning and procurement decisions. These changes are likely to be introduced in summer 2013…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.