What is a Judicial Review?

CPR 54 forms part of the Civil Procedure Rules in England and Wales and governs judicial review proceedings. It sets out how to apply for a claim for judicial review and the procedures parties must follow.

Judicial review is a key legal mechanism that allows individuals and organisations to challenge the lawfulness of decisions made by public bodies. Rather than reassessing the merits of a decision, judicial review focuses on whether the decision-making process was carried out lawfully, fairly, and within the powers of the decision-maker.

The Administrative Court, part of the High Court, hears judicial review cases, alongside statutory appeals and specialist matters. In judicial review, the court’s role is not to remake the decision, but to assess whether the process followed was lawful.

Bringing a claim for judicial review can involve significant costs, including court fees, legal representation, and associated expenses. As such, understanding both the procedure and the time limit for filing a claim is essential before proceeding.

 

Grounds for Judicial Review

There are three primary grounds to make the claim:

Illegality
This arises where a public body has acted outside its legal powers, misapplied the law, or failed to consider relevant factors.

Irrationality
This applies where a decision is so unreasonable that no reasonable decision-maker could have reached it.

Procedural Impropriety
This includes failures such as breaches of natural justice, bias, or failure to follow proper procedures.

These grounds form the legal basis upon which a claimant seeks to rely when bringing a claim for judicial review.

 

CPR 54: The Judicial Review Claim Procedure

CPR 54 sets out how to apply for judicial review and provides a structured framework for the process.

A key requirement is the time limit for filing. A claim must be filed promptly and, in most cases, within three months from when the claim first arose. In some cases, a shorter time limit may apply depending on the type of decision being challenged.

When filing a claim form, the claimant must clearly identify:

• The defendant (public authority)
• The details of the decision being challenged
• The remedy sought

The contents of the claim form are critical, as they define the scope of the case from the outset.

 

CPR 54.29 – Claim Requirements

“(1) In addition to the matters set out in rule 8.2 (contents of the claim form), the claimant must also state—

(a) the name of the public authority, the defendant, against whom the claim for environmental review is brought;
(b) the name and address of any person the claimant considers to be an interested party; and
(c) any remedy (including any interim remedy) sought by the claimant.

(2) The claim form must be accompanied by the documents required by Practice Direction 54E.”

Once issued, the claim form must be served on the defendant and any interested parties within the required timeframe to ensure proper service of the claim form.

 

Permission Stage in Judicial Review

After filing the claim form, the court will consider whether permission should be granted for the claim to proceed.

In many cases, this involves a permission decision without a hearing, where the court reviews the papers and determines whether the claim is arguable. If permission is refused, the claimant may request an oral hearing to reconsider the decision.

This stage is crucial, as only claims with sufficient legal merit will proceed further.

 

Responding to a Judicial Review Claim

Under CPR 54.14, a defendant or any person served with the claim form who wishes to contest the claim must respond within strict timeframes.

This includes:

• Filing detailed grounds for contesting the claim or supporting it on additional grounds
• Serving any written evidence

These steps must be completed within 35 days after service of the order granting permission.

A defendant must also acknowledge service within 21 days of being served with the claim form if they intend to participate in the proceedings.

Failure to comply with these requirements can limit the ability to rely on additional grounds or evidence later in the process.

 

Costs in Judicial Review Proceedings

Costs are a key consideration in any claim for judicial review. CPR 54.21–54.24 sets out how the court approaches cost decisions.

The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party. However, the court retains discretion and may consider a range of factors when exercising its powers to hear any person on costs.

 

Factors the Court Will Consider

When determining costs, the court may consider:

• Conduct of the parties
• Complexity of the case
• Success on particular issues
• Financial position of the parties

This flexible approach allows the court to reach a fair outcome based on the circumstances of each case.

 

What Costs Can Be Recovered?

A successful party may recover reasonable and proportionate costs, including:

• Legal fees
• Court fees
• Expert witness fees
• Disbursements

The court will assess whether the costs claimed are justified in light of the work carried out.

 

Contesting a Judicial Review Claim

If a defendant wishes to contest a claim for judicial review, they must comply with strict procedural requirements.

This includes filing and serving detailed grounds of opposition and supporting evidence within the relevant deadlines. Failure to meet these deadlines, including those relating to service of the claim form or evidence, may result in adverse consequences.

If a party seeks to rely on additional grounds, these must be clearly set out and supported within the required timeframe.

Where a claimant seeks to amend their position, any reply must typically be filed within 14 days of receiving the defendant’s response.

 

How Can Greener Costs Assist?

Judicial review proceedings can be complex, particularly when managing legal costs.

At Greener Costs, our experienced team of costs lawyers and costs draftsmen provides practical support across all aspects of judicial review costs.

We assist with:

• Costs Budgets (Precedent H)
• Statements of Costs (N260)
• Bills of Costs
• Costs negotiation and advocacy
• Detailed assessment proceedings
• Recovery of inter partes and publicly funded costs

With over 20 years of combined experience, we help ensure costs are managed effectively and recovered where appropriate.

 

Get in Touch

If you require guidance on judicial review costs or assistance with CPR 54, our team is here to help.

Contacting us is free, and we aim to respond on the same working day.

You can get in touch by:

• Calling 01204 263047
• Emailing info@greenercosts.co.uk
• Completing our online contact form

We’re here to provide clear, practical advice at every stage.

 

FAQs About CPR 54 and Judicial Review

Can a judicial review claim be decided without a hearing?

Yes, the court can make a permission decision without a hearing based on the written submissions. If permission is refused, the claimant can request an oral hearing.

What is the time limit for filing a judicial review claim?

A claim must be filed promptly and no later than three months after the claim first arose. In some cases, a shorter time limit may apply depending on the type of decision being challenged.

What happens if the claim form is not served correctly?

The claim form must be served within strict time limits. Failure to complete proper service of the claim form may result in the claim being dismissed or refused permission.

Can a claimant rely on additional grounds after filing?

A claimant may apply to rely on additional grounds after filing the claim form, but this requires permission of the court. The court will consider whether the new grounds should be allowed.

Does judicial review include a claim for damages?

Judicial review primarily focuses on the lawfulness of a decision rather than awarding damages. However, a claim for damages may be included where there is a separate legal basis.

 

How Greener Costs Can Help

Aside from the rules and procedures governing civil litigation, Greener Costs provides specialist support across all aspects of costs recovery, negotiation, and assessment.

Whether you are bringing a claim, defending proceedings, or seeking to recover costs, expert guidance can help you navigate the complexities of civil litigation and achieve the best possible outcome.