Regina v Secretary of State for Health ex parte Furneaux: CA 1994

The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good ground for the grant of leave to bring a case out of time, the remedy of the client being to sue those advisors. A satisfactory explanation may however be available. The court retained a discretion under s 31(6) of the 1981 Act to refuse, on the grounds of undue delay, leave to make the application or the relief sought if it considered that the grant of relief would substantially prejudice the rights of another person.
[1994] 2 All ER 652, (1993) 17 BMLR 49
Supreme Court Act 1981 31(6)
England and Wales
Cited by:
CitedQuintavalle and Another, Regina (on the Application of) v Human Fertilisation and Embryology Authority Admn 9-Dec-2008
The claimants wished to challenge licensing decisions made by the respondent, and for a protective costs order. . .

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Updated: 09 April 2021; Ref: scu.465883