Judicial review - Revision history

Designing Buildings at 07:14, 12 November 2020

2020-11-12T07:14:17Z

← Older revision		Revision as of 07:14, 12 November 2020
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	* Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.		* Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.

−	[[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:~~Planning_permission~~]] [[Category:~~Policy~~]] [[Category:~~DCN_Policy~~]] [[Category:Property_law]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Property_law]]

Editor at 12:41, 24 September 2018

2018-09-24T12:41:14Z

← Older revision		Revision as of 12:41, 24 September 2018
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−	~~The~~ judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.	+	A judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.

	To instigate a judicial review a written application is made to the court. A fee is chargeable for the application. The court will then consider the merits of the case and decide whether it should be allowed to proceed.		To instigate a judicial review a written application is made to the court. A fee is chargeable for the application. The court will then consider the merits of the case and decide whether it should be allowed to proceed.
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	Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.		Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Planning appeal.		* Planning appeal.
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	* Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.		* Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.

−	[[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Property_law]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:DCN_Policy]] [[Category:Property_law]]

Institute of Historic Building Conservation at 09:02, 15 June 2016

2016-06-15T09:02:25Z

← Older revision		Revision as of 09:02, 15 June 2016
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−
	The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.		The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.

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	Changes include:		Changes include:
−	*The introduction of a planning court.	+
−	*Allowing important appeals to be considered by the Supreme Court without first going to the Court of Appeal.	+	* The introduction of a planning court.
−	*Changing the rules around legal bills to ensure all parties have an equal interest in minimising costs.	+	* Allowing important appeals to be considered by the Supreme Court without first going to the Court of Appeal.
−	*Stopping reviews based on technical flaws.	+	* Changing the rules around legal bills to ensure all parties have an equal interest in minimising costs.
−	*Targeting legal aid funding at cases which have merit.	+	* Stopping reviews based on technical flaws.
		+	* Targeting legal aid funding at cases which have merit.

	Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.		Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Planning appeal.	+
−	*Planning court.	+	* Planning appeal.
−	*Planning permission.	+	* Planning court.
		+	* Planning permission.
		+	* Planning related applications for judicial review.

	=== External references ===		=== External references ===
−	*Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.

−	[[Category:Other_legislation]]	+	* Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.
−	[[Category:Planning_permission]]	+
−	[[Category:Policy]]	+	[[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Property_law]]
−	[[Category:Property_law]]	+

Designing Buildings at 16:38, 8 July 2014

2014-07-08T16:38:54Z

← Older revision		Revision as of 16:38, 8 July 2014
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	[[Category:Other_legislation]]		[[Category:Other_legislation]]
	[[Category:Planning_permission]]		[[Category:Planning_permission]]
		+	[[Category:Policy]]
	[[Category:Property_law]]		[[Category:Property_law]]

Designing Buildings at 12:09, 3 March 2014

2014-03-03T12:09:31Z

Designing Buildings: Created page with " The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authori..."

2014-03-03T12:04:39Z

Created page with " The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authori..."

New page

The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.

To instigate a judicial review a written application is made to the court A fee is chargeable for the application. The court will then consider the merits of the case and decide whether it should be allowed to proceed.

Unless the application is found to be ‘totally without merit’, if the case is allowed by the court to proceed, the applicant can ask for a “second chance” hearing (an oral renewal) when they can present their case to a judge in person. A fee is chargeable for such a hearing. If the application is still refused, the applicant can appeal to the Court of Appeal.

If a judicial review is permitted, a hearing will be held, during which a judge will consider the evidence presented and reach a judgement. There is a fee for the hearing.

Generally, the losing side is expected to pay the legal bills of the winning side unless the judge makes an order otherwise. However, it is possible to apply for a Protective Costs Order (PCO) if they cannot afford such costs, limiting liability to a specific level determined by the judge. Applicants will be responsible for their own costs, unless they are receiving legal aid.

Applications for Judicial Review increased from 4,300 in 2000 to 12,600 in 2012, but only 440 reached a final hearing. Cases can take more than a year to resolve, with planning cases taking 370 days to reach a completed final hearing in 2011.

As a consequence, a package of reforms is being introduced intended to speed up the judicial review process and to discourage meritless cases. This follows changes implemented in 2013, which amongst other things, halved the time limit for applying for Judicial Review of a planning decision from three months to six weeks.

Justice Secretary Chris Grayling said: ‘Judicial Review must continue its role as a crucial check on the powers that be – but we cannot allow meritless cases to be a brake on economic growth.”

Changes include:
*The introduction of a planning court.
*Allowing important appeals to be considered by the Supreme Court without first going to the Court of Appeal.
*Changing the rules around legal bills for cases to ensure all parties have an equal interest in minimising costs.
*Stopping reviews based on technical.
*Targeting legal aid funding at JR cases which have merit.

Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Planning appeal.
*Planning court.
*Planning permission.

=== External references ===
*Gov.uk, [https://www.gov.uk/government/news/new-planning-court-gets-go-ahead-to-support-uk-growth New planning court gets go ahead to support UK growth]. 5 February 2014.

[[Category:Other_legislation]]
[[Category:Planning_permission]]
[[Category:Property_law]]

← Older revision		Revision as of 12:09, 3 March 2014
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	The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.		The judicial review (JR) process allows people (or groups) to challenge the lawfulness of decisions or actions of the Executive. The Executive includes; ministers, local authorities, public bodies and those exercising public functions.

−	To instigate a judicial review a written application is made to the court A fee is chargeable for the application. The court will then consider the merits of the case and decide whether it should be allowed to proceed.	+	To instigate a judicial review a written application is made to the court. A fee is chargeable for the application. The court will then consider the merits of the case and decide whether it should be allowed to proceed.

−	Unless the application is found to be ~~‘totally~~ without ~~merit’~~, if the case is allowed by the court to proceed, the applicant can ask for a ~~“second chance”~~ hearing (an oral renewal) ~~when~~ they can present their case to a judge in person. A fee is chargeable for such a hearing. If the application is still refused, the applicant can appeal to the Court of Appeal.	+	Unless the application is found to be totally without merit, if the case is not allowed by the court to proceed, the applicant can ask for a 'second chance' hearing (an oral renewal) where they can present their case to a judge in person. A fee is chargeable for such a hearing. If the application is still refused, the applicant can appeal to the Court of Appeal.

	If a judicial review is permitted, a hearing will be held, during which a judge will consider the evidence presented and reach a judgement. There is a fee for the hearing.		If a judicial review is permitted, a hearing will be held, during which a judge will consider the evidence presented and reach a judgement. There is a fee for the hearing.

−	Generally, the losing side is expected to pay the legal bills of the winning side unless the judge makes an order otherwise. However, it is possible to apply for a Protective Costs Order (PCO) if ~~they~~ cannot afford such costs, limiting liability to a specific level determined by the judge. Applicants will be responsible for their own costs, unless they are receiving legal aid.	+	Generally, the losing side is expected to pay the legal bills of the winning side unless the judge makes an order otherwise. However, it is possible to apply for a Protective Costs Order (PCO) if the applicant cannot afford such costs, limiting liability to a specific level determined by the judge. Applicants will be responsible for their own costs, unless they are receiving legal aid.

−	Applications for ~~Judicial Review~~ increased from 4,300 in 2000 to 12,600 in 2012, but only 440 reached a final hearing. Cases can take more than a year to resolve, with planning cases taking 370 days to reach a completed final hearing in 2011.	+	Applications for judicial review increased from 4,300 in 2000 to 12,600 in 2012, but only 440 reached a final hearing. Cases can take more than a year to resolve, with planning cases taking, on average, 370 days to reach a completed final hearing in 2011.

−	As a consequence, a package of reforms is being introduced ~~intended~~ to speed up the judicial review process and to discourage meritless cases. This follows changes implemented in 2013, which amongst other things, halved the time limit for applying for Judicial Review of a planning decision from three months to six weeks.	+	As a consequence, a package of reforms is being introduced to speed up the judicial review process and to discourage meritless cases. This follows changes implemented in 2013, which amongst other things, halved the time limit for applying for Judicial Review of a planning decision from three months to six weeks.

	Justice Secretary Chris Grayling said: ‘Judicial Review must continue its role as a crucial check on the powers that be – but we cannot allow meritless cases to be a brake on economic growth.”		Justice Secretary Chris Grayling said: ‘Judicial Review must continue its role as a crucial check on the powers that be – but we cannot allow meritless cases to be a brake on economic growth.”
Line 19:		Line 19:
	*The introduction of a planning court.		*The introduction of a planning court.
	*Allowing important appeals to be considered by the Supreme Court without first going to the Court of Appeal.		*Allowing important appeals to be considered by the Supreme Court without first going to the Court of Appeal.
−	*Changing the rules around legal bills ~~for cases~~ to ensure all parties have an equal interest in minimising costs.	+	*Changing the rules around legal bills to ensure all parties have an equal interest in minimising costs.
−	*Stopping reviews based on technical.	+	*Stopping reviews based on technical flaws.
−	*Targeting legal aid funding at JR cases which have merit.	+	*Targeting legal aid funding at cases which have merit.

	Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.		Some of these changes will be included in the Criminal Justice and Courts Bill, whilst others, (such as the introduction of the Planning Court) will be made through secondary legislation or amendments to court rules.