The court considered the consequences of delay in applications for judicial review: ‘It is important that those parties, and indeed the public generally, should be able to proceed on the basis that the decision is valid and can be relied on, and that they can plan their lives and make personal and business decisions accordingly.’ The court rejected a submission that the requirement in CPR 54.5(1) for an application for judicial review to be made ‘promptly’ offended against the principle of ‘legal certainty’ in European law.
Citations:
[2006] EWCA Civ 1008
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd CA 10-Oct-2008
Judicial Review must be timely
The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits.
Held: The court repeated the requirement that an application must be both . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Judicial Review
Updated: 07 July 2022; Ref: scu.243364