Judicial review: it’s about time

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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…

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