“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”
Irwin MitchellAccess all documents on Judicial review
This Checklist sets out the principal procedural steps and considerations for parties preparing or answering a request to extend time in judicial review claims before the Administrative Court. It should be read alongside Practice Note: Judicial review time limits—extensions and urgent cases. Time limits for bringing claims and the requirement to act 'promptly' Where proceedings are started in the High Court, the claim form must be lodged promptly and, in any case, no later than three months from the date the grounds first arose, subject to the shorter periods below: challenges to planning decisions must be issued within six weeks of the date the grounds to bring the claim first arose challenges to procurement decisions under the Public Contracts Regulations 2015 must be brought within 30 days of the date the grounds to bring the claim first arose...
Judicial review Judicial review is the process through which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies...
This Checklist ought to be considered alongside the Practice Notes: Starting an appeal in the Court of Appeal Criminal Division (CACD) and Conducting an appeal in the Court of Appeal Criminal Division (CACD)...
This Checklist supports the preparation of terms and conditions for the sale of goods. It highlights key points when producing standard B2B terms or a goods sale agreement. It covers legal, regulatory and practical aspects of selling and supplying goods and is written from a seller/supplier perspective. For general guidance on contracts for the sale of goods, see Practice Notes: Contracts for the sale and supply of goods—business to business and Implied terms in contracts for goods and services. For broader guidance on key provisions in commercial contracts, see Practice Note: Key terms and conditions in commercial contracts. General considerations Engage with departmental stakeholders to identify concerns and gather customer feedback that should be addressed in the terms. Map how goods will be provided and any back-end processes, eg delivery or returns, that need to be reflected in the terms. Check for pre-existing commitments, such as restrictive covenants or exclusive sale or purchasing arrangements, that could prevent a bespoke supply contract...
In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...
Re an application by RM (a person under disability) by SM, (his father and next friend) for Judicial Review (Northern Ireland); Re an application by RM (a person under disability) by SM, (his father and next friend) for Judicial Review (Northern Ireland) No 2 [2024] UKSC 7 What are the practical implications of this case? This judgment clarifies how the rules on discharging a mentally disordered patient compulsorily detained for medical treatment operate, and how they interrelate with provisions on leave of absence. The Supreme Court’s conclusions will assist practitioners working with the Mental Health (Northern Ireland) Order 1986 (the 1986 Order), SI 1986/596, and the MeHA 1983. It confirms that, despite differing wording, the detention standard under the 1986 Order aligns with that in the MeHA 1983: the decisive threshold is necessity. Accordingly, case law on the MeHA 1983 from England and Wales can usefully guide the consideration of issues concerning detention under the 1986 Order, SI 1986/596, and vice versa. This confirms that jurisprudence from England...
Re: Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 22, [2024] All ER (D) 99 (Feb) What are the practical implications of this case? A succinct restatement of the statutory framework governing the appointment of a QLR appears at paras [4]–[20] of the judgment, providing a handy overview for deciding if a QLR is required. In day-to-day practice, however, QLRs are in short supply—principally because the available remuneration is limited—so securing one is often unlikely, as occurred here. Where no QLR can be identified, the court must work through all feasible alternatives. If those options are exhausted, a judge may conclude that, in the interests of justice, they must assume the QLR role. Where a judge or magistrate steps into that position, careful wording is essential: the court should not be described as cross-examining a party, but rather as ‘asking questions that the other party wishes to have asked or a similar phrase’ (para [35])...
This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...
The public sector equality duty (PSED) Set out in Part 11 of the Equality Act 2010 (ss 149–159), the public sector equality duty (PSED) comprises a general equality duty applying UK-wide to public bodies listed in Schedule 19 of the EqA 2010, alongside specific duties intended to support delivery of the general duty and enhance transparency. Although the general duty is identical across England, Wales and Scotland, the specific duties made under EqA 2010, s 153 vary. In Wales, listed public bodies must meet particular specific duties that sit alongside the UK-wide general duty. These specific duties bind listed Welsh bodies only. They do not extend to non-devolved public authorities operating in Wales. Under EqA 2010, s 149, the general duty requires public authorities and those exercising public functions to have 'due regard' to the need to: eliminate discrimination, harassment, victimisation, and any other behaviour prohibited by or under the EqA 2010 advance equality of opportunity between people who share a relevant protected characteristic and...
Practice Note: Planning—enforcement When it appears to a local planning authority (LPA) that planning control has been breached, it may, at its discretion, take enforcement action under Part VII of the Town and Country Planning Act 1990 (TCPA 1990). For these purposes, section 171A of the TCPA 1990 defines a breach of planning control as: undertaking development without the necessary planning permission, or not complying with any condition or limitation attached to a planning permission This Practice Note explains in detail how a breach of planning control is established, when development acquires immunity from enforcement, and the factors an LPA should weigh when deciding whether to proceed with formal measures. Its focus is on the range of steps available to an LPA in response to a breach of planning control. The Practice Note does not address enforcement concerning listed buildings. For that, see Practice Note: Listed buildings enforcement and criminal liability regime in England. For context on its relevance to conservation...
[ Insert case number ] In the matter of an application for permission to apply for judicial review...
[ Insert the name and address of the proposed defendant ] Dear [ insert organisation name ] Letter before claim in proposed judicial review proceedings concerning [ insert brief description of decision, act or omission at issue ] [ Claimant OR Your client ]: [ insert proposed Claimant’s full name ] [ Defendant OR Our client ]: [ insert proposed Defendant’s full name ] Our [ firm OR department ] represents [ insert proposed Claimant’s full name ] in relation to a prospective judicial review of the Defendant’s [ decision OR act OR omission ] [ insert brief summary of decision, act or omission ]. This correspondence serves as [ our client’s OR the Claimant’s ] letter before claim, issued in line with the Pre-Action Protocol for Judicial Review. We have used the standard letter before claim format set out in Annex A to the Pre-Action Protocol for Judicial Review. To [ Insert the title, full name and address of...
Response to your letter before claim in proposed judicial review proceedings Dear [ insert name ] [ Claimant OR Your Client ]: [ insert proposed Claimant’s full name ][ Defendant OR Our Client ]: [ insert proposed Defendant’s full name ] [ This [ firm OR department ] represents [ insert Defendant’s full name ] ]. We acknowledge your letter before claim dated [ insert date of the letter before claim ], received at our office on [ insert date of receipt ]. This correspondence serves as our [ client’s ] formal reply in accordance with the Pre-Action Protocol for Judicial Review. We follow the model layout for responding to a letter before claim, as outlined in Annex B of the Pre-Action Protocol for Judicial Review. The Claimant: [ Insert name of the Claimant ] of [ Insert the address of the Claimant. ] (‘the Claimant’). From: [ Insert name of the Defendant ] of [ Insert address of the Defendant ] (‘the...
Before reaching a decision on a planning application, a local planning authority (LPA) must run a consultation period to gather opinions on the proposed development. This encompasses public consultation. It is open to all members of the public, who may submit representations. To make that process work, the LPA is required to publicise the planning applications it receives. Statutory provisions Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) enables a development order to require that notice is given of any application for planning permission and to make provision for publicising such applications, and it bars an LPA from considering an application unless those requirements are met by virtue of that section. The Town and Country Planning (Development Management Procedure) (England) Order 2015, (TCP(DMP)(E)O 2015), SI 2015/595 is the current development order in England, which sets out the minimum statutory requirements governing the publicity of planning applications. The principal requirements are found in (TCP(DMP)(E)O 2015), SI 2015/595, art 15...