- Written by Arshad Mahmood
An application for permission to apply for judicial review must be made by claim form (Form N461). The claim form must include or be accompanied by -
- a detailed statement of the claimant's grounds for bringing the claim for judicial review;
- a statement of the facts relied on;
- any application to extend the time limit for filing the claim form; and
- any application for directions.
Where you are seeking to raise any issue under the Human Rights Act 1998, or a remedy available under that Act, the claim form must include the information required by paragraph 16 of the Practice Direction supplementing Part 16 of the Civil Procedure Rules.
The claim form must also be accompanied by
- any written evidence in support of the claim or application to extend time;
- a copy of any order that you are seeking to have quashed;
- where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
- copies of any documents upon which you propose to rely;
- copies of any relevant statutory material;
- a list of essential documents for advance reading by the court (with page references to the passages relied upon). Where only part of a page needs to be read, that part should be indicated, by side-lining or in some other way, but not by highlighting.
Where it is not possible for you to file all the above documents, you must indicate which documents have not been filed and the reasons why they are not currently available. The defendant and/or the interested party may seek an extension of time for the lodging of its acknowledgement of service pending receipt of the missing documents.
You must also lodge sufficient additional copies of the claim form for the court to seal them (i.e. stamp them with the court seal) so that you can serve them on the defendant and any interested parties. The sealed copies will be returned to you so that you can serve them on the defendant and any interested parties.
If you are represented by solicitors they must also provide a paginated, indexed bundle of the relevant legislative provisions and statutory instruments required for the proper consideration of the application. If you are acting in person you should comply with this requirement if possible.
Service On The Defendant And Any Interested Parties
The sealed copy of claim form (and accompanying documents) must be served on the defendant and any person that you consider to be an interested party (unless the court directs otherwise) within 7 days of the date of issue (i.e. the date shown on the court seal).
You should lodge a Certificate of Service in Form N215 in the relevant Administrative Court Office within 7 days of serving the defendant and other interested parties.
Application For Urgent Consideration Or Interim Order
If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form N463, which can be obtained from the HMCS website or the relevant Administrative Court Office. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.
Where you are seeking an interim injunction, you must, in addition, provide a draft order; and the grounds for the injunction. You must serve the claim form, the draft order and the application for urgency on the defendant and interested parties (by FAX and by post), advising them of the application and informing them that they may make
representations directly to the Court in respect of your application.
A judge will consider the application within the time requested and may make such order as he/she considers appropriate. The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.
If the Judge directs that an oral hearing must take place within a specified time the Administrative Court Office will liaise with you and the representatives of the other parties to fix a permission hearing within the time period directed.
Where a manifestly inappropriate urgency application is made, consideration may, in appropriate cases, be given to making a wasted costs order.
Acknowledgement Of Service
Any person who has been served with the claim form and who wishes to take part in the judicial review should file an acknowledgment of service (Form N462) in the Administrative Court Office, within 21 days of the proceedings being served upon them.
The acknowledgement of service must set out the summary of grounds for contesting the claim and the name and address of any person considered to be an interested party (who has not previously been identified and served as an interested party).
The acknowledgement of service must be served upon you and the interested parties no later than 7 days after it is filed with the court. Failure to file an acknowledgement of service renders it necessary for the party concerned to obtain the permission of the court to take part in any oral hearing of the application for permission.
Decision On An Application For Permission To Apply For Judicial Review
Applications for permission to proceed with the claim for judicial review are considered by a single judge on the papers. The purpose of this procedure is to ensure that applications are dealt with speedily and without unnecessary expense.
The papers will be forwarded to the judge by the Administrative Court Office upon receipt of the Acknowledgement of Service or at the expiry of the time limit for lodging such acknowledgement – whichever is earlier.
The judge's decision and the reasons for it (Form JRJ) will be served upon you, the defendant and any other person served with the claim form. If the judge grants permission and you wish to pursue the claim, you must lodge a
further fee of £215.00 (or a further Application for Remission of Fee (Form EX160) with the relevant Administrative Court Office within 7 days of service of the judge's decision
upon you. If you do not lodge the additional fee, your file will be closed by the Administrative Court.
If permission is refused, or is granted subject to conditions or on certain grounds only, you may request a reconsideration of that decision at an oral hearing.
Responsibility For The Costs Of The Defendant If The Application Is Unsuccessful
The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.
Why Sunrise Solicitors For Your Application For Permission To Apply For Judicial Review?
The immigration solicitors at Sunrise Solicitors are experts in dealing with application for permission to apply for Judicial Review. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for permission to apply for Judicial Review and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
We can represent you in your application for permission to apply for Judicial Review and do all the work until decision by the High Court Judge on your application. Our work will include:
- considering the contents of the refusal letter of the Home Office, UKBA and discuss any possible grounds to challenge the same by way of Judicial Review;
- advising you on the relevant requirements, laws and procedures;
- advising you on the relevant documents to be submitted in support of your application for permission to apply for Judicial Review;
- considering the contents of such documents and discussing the same with you;
- advising you on the weaknesses and strengths of your application for permission to apply for Judaical Review;
- preparing grounds in support of the application arguing how the decision of the Home Office, UKBA or that of the Tribunal is not in accordance with relevant law and facts.
- preparing the paginated and indexed Judicial Review bundle of documents;
- preparing list of the documents for essential readings
- filing the Judicial Review bundles with the Administrative Court Office;
- serving a sealed copy of the Judicial Review bundle of documents on the Treasury Solicitors
- filing a certificate of service with the Administrative Court;
- receiving the Acknowledgement Of Service from the Treasury Solicitors, considering contents of Acknowledgement of Service and prepare a reply to the same, where necessary;
- liaising with the Treasury Solicitors and the Administrative Court and do all the follow up work until a decision by the High Court Judge on your application for permission to apply for Judicial Review.
- advising you about the implications of decision by the Administrative Court on your application for permission to apply for Judicial Review and discussing next steps to be taken in the case.
Our Fees For An Application For Permission To Apply For Judicial Review
You have the following funding options to fund your paper application for permission to apply for Judicial Review:
No Win No Fee
- We can act for you on no win no fee basis in relation to your paper application for permission to apply for Judicial Review if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee Basis will be from £3,500 +VAT. If the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay any fee and the sum of £3,500 will be refunded in full.
Agreed Fixed Fee
- We will charge you a fee from £2,000.00 + VAT for our professional immigration services in relation to paper application for permission to apply for Judicial Review. The agreed fee will depend on the complexity of the matter and the casework involved in the matter. The agreed fee will cover all our work until decision by the High Court Judge on paper application for permission to apply for Judicial Review.
Hourly Rate Fee Option
- You can choose to instruct us using hourly rate funding option. The hourly rate to be charged will depend on the complexity of the matter and the Post Qualification Experience (PQE) of the solicitor handling the matter etc,.
FAQs - Judicial Reviews
What is Pre Action Protocol For Judicial Review against the Home Office, UKBA?
The protocol sets out a code of good practice and contains the steps which parties should generally follow before making a claim for judicial review against the Home Office, UKBA. The objective of the pre-action protocol is to avoid unnecessary litigation.
Before making your claim for judicial review against the Home Office, you should send a pre action protocol letter to the Home Office, UKBA. The purpose of this letter is to identify the issues in dispute and establish whether litigation can be avoided. The letter should contain the date and details of the decision, act or omission being challenged and a clear summary of the facts on which the claim is based. It should also contain the details of any relevant information that the claimant is seeking and an explanation of why this is considered relevant. A Judicial Review claim against the Home Office should not normally be made until the proposed reply date given in the letter before claim has passed, unless the circumstances of the case require more immediate action to be taken.
What application form is used to submit an application for permission to apply for Judicial Review?
An application for permission to apply for Judicial Review against the Home Office, UKBA must be made by claim form (Form N461).
What is the time limit to apply for Judicial Review?
According to the Civil Procedure Rules a claim for Juidicial Review should be made as soon as possible and not later than 90 days from the date of the refusal letter. Where a claim for Judicial Review is filed with the Hihg Court after 90 days from the date of the decision, the claimant must file grounds for extension of time and seek court's permission to extend time for filing Judicial Review.
What form is used to file an applicaiton for urgent consideration or an interim order?
If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form N463. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.
What is court fee for filing an application for permission to apply for Judicial Review?
You must pay a court fee of £60 for filing an application for permission to apply for Judicial Review unless you apply for fee exemption using form EX160.