Jurisdiction(s):
United Kingdom

Judicial review time limits in England and Wales: computing the three-month period, the ‘corresponding date’ rule, promptness and extensions

Published on: 01 August 2022

Published by a LexisNexis Public Law expert

Legal News

Article summary

The question

Take, for instance, an impugned decision made on 1 January. If you file on 1 April 2022, are you in time, or do you need to file by 31 March?

The short answer

It is very likely that the ‘corresponding date rule’ applies, so a JR of a decision taken on 1 January must be lodged on or before 1 April.

The long answer

What is the ‘corresponding date rule’?

Put briefly, the rule treats “three months after” 1 January as 1 April. Lord Diplock explained this in Dodds v Walker [1981] 1 WLR 1027, [1981] 2 All ER 609. The case concerned the time limit in section 29(3) of the Landlord and Tenant Act 1954 (LTA 1954), which required an application to be made “not less than two nor more than four months after the giving of the landlord’s notice”. The landlord’s notice was given on 30 September of the relevant year, and the application was made on 31 January the following year. The House of Lords held this was a day late. In outlining the corresponding date principle, Lord Diplock reasoned accordingly...

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