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Calculation of Time Judicial Review

Judicial review, activities of government, local and national etc.

Calculation of Time Judicial Review

Postby ianjames » Mon Oct 23, 2017 11:41 am

I was hoping that someone could be kind enough to clarify time periods from dates. It concerns a planning matter which I intend to take to judicial review. If I have six weeks to take a matter to judicial review is the date of the decision counted or not. Example if the date the decision I am challenging was made on the 12th of September 2017 and I have six weeks from the date of this notice/decision is the 12th counted or do the six weeks start on the 13th. So would the deadline be the 23rd or 24th of October 2017 this is extremely important. Any clarification would be greatly appreciated.
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Re: Calculation of Time Judicial Review

Postby atticus » Mon Oct 23, 2017 11:56 am

When in doubt, use the earlier date if at all possible.

CPR 54.5(5) states that the claim form must be filed not later than 6 weeks after* the grounds to make a claim first arose.

*one week after a Monday is the following Monday.

Make sure you comply fully with all procedural requirements set out in CPR Part 54 and all related Prace Directions.
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Re: Calculation of Time Judicial Review

Postby dls » Tue Oct 24, 2017 2:56 pm

And is the obligation still not to file as soon as possible and in any event within the time limit.
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Re: Calculation of Time Judicial Review

Postby atticus » Tue Oct 24, 2017 3:31 pm

dls- no, not if the case is one to which CPR54(5) applies, where the time limit is 6 weeks:
(5) Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose.


Contrast that with 54(1) (which does not apply if 54(5) applies:
(1) The claim form must be filed –
(a) promptly; and
(b) in any event not later than 3 months after the grounds to make the claim first arose.
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