Upper Tribunal judicial review: defendants’ procedural checklist and time limits from pre-action to appeal (England and Wales)

Published by a LexisNexis Public Law expert

Checklists

Defending a claim for judicial review-checklist

This checklist highlights the principal points for defendants facing judicial review proceedings generally. It also offers supplementary guidance where proceedings are to be brought in the Upper Tribunal (UT).

On receipt of a pre-action protocol letter

Confirm that the intended claim falls within the UT’s jurisdiction. If you consider it does not, make this clear in your pre-action response to the proposed claimant.
Considering whether the case is properly defensible and whether it is cost-effective to contest, issue a response within 14 days (unless a shorter, properly requested timeframe has been set by the proposed claimant).
Review the documents and information sought in the pre-action letter and observe the duty of candour when providing any material.

On receipt of the claim form

Check whether the claim has been issued in the High Court or the UT.
Consider whether the claim must be, or could appropriately be, brought in the UT (see Practice Note: Judicial review in the Upper Tribunal).
Where the claim has been filed in the High Court incorrectly...

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Melanie Carter

Bates Wells

Melanie, head of the Public & Regulatory Law Department, has worked for over 25 years as a public law and information law specialist, in the public sector (Home Office, Treasury Solicitors Department, Commission for Racial Equality, General Optical Council etc.), the third sector and in the private sector. She is ranked as a leader in public & administrative law in the legal directories, also in information law, local government, elections and professional regulation. She is a specialist in judicial review proceedings and regularly advises a broad range of public authorities on their powers and duties, as well as acting for those seeking to challenge the decisions of public authorities. Melanie works for a range of regulators for their public law, judicial review and information law work. Current and recent examples include advising the Compliance Officer for the Independent Parliamentary Standards Authority, the Single Source...

Web page updated on 26/05/2026

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