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DELAY IN JUDICIAL REVIEW

June 11th, 2025 by James Goudie KC

SURREY COUNTY COUNCIL v BC  ( 2025 ) EWCA Civ 719, a case on Section 20 of the Children Act 1989 and the provision of accommodation, addresses delay in the bringing of judicial review proceedings. The Court says at para 18 that “ in recent times there has been a greater emphasis on the tight time limits in judicial review”; and at para 43 that “ judicial review is not a regime where a claimant is entitled to wait, dotting every available ”i” and crossing every possible “ t “ before making a claim for judicial review.” “ If documents are potentially important and outstanding, then one possibility is for a claimant to issue proceedings, and then seek to delay the hearing of the permission application until after disclosure. What a claimant cannot do is to delay issuing proceedings in the hope that something might turn up on disclosure.”

This entry was posted on Wednesday, June 11th, 2025 at 4:36 pm and is filed under Judicial Control, Liability and Litigation. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

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