Please note, the purpose of this section is solely to illustrate key elements of the process to those who are daunted by, or unfamiliar with, this form of redress. If any organisation is considering taking any form of legal action against the Commission, they should first take professional legal advice to ensure that they are fully informed prior to and during any such proceedings
What if I need to make an application to the court for further orders/directions after the grant of permission?
14.1 Where case management decisions or directions are sought after permission has been granted, application should be made by way of an application under CPR Part 23, using Form PF244 – Administrative Court Office. You will be required to pay a fee for such application (currently £75.00, or £40.00 if all parties provide their written consent to the order being made), unless you are entitled to fee remission (in which case you should complete and submit a form EX160 with you application).
Can my substantive application be determined without the need for a hearing?
15.1 The court may decide a claim for judicial review without a hearing where all parties agree (CPR Part 54.18).
What do I need to do if the proceedings settle by consent prior to the substantive hearing of the application?
16.1 If you reach agreement with the other parties as to the terms of the final order to be made in your claim, you must file at the court a document (with 2 copies) signed by all the parties setting out the terms of the proposed agreed order.
NB - Where the draft order is lodged prior to the grant of permission it must be accompanied by the requisite fee (currently £40.00).
NB – If you agree with the other parties that a mandatory order etc. is required, the draft order should be accompanied by a statement of reasons (i.e. a short statement of the matters relied on as justifying the proposed agreed order) and copies of any authorities or statutory provisions relied on. If settlement is reached before permission is considered, the draft consent order must include provision for permission to be granted.
NB - Such a statement is not required where the agreement as to disposal (usually by way of withdrawal of the application) requires an order for costs or a detailed assessment of the Claimant's Legal Services Commission costs - in those circumstances the parties should file a draft consent order setting out the terms of settlement signed by all parties.
16.2 The court will consider the documents submitted and will make the order if it is satisfied that the order should be made. If the court is not satisfied that the order should be made, the court will give directions and may direct that a hearing date be set for the matter to be considered further.
What if I want to discontinue the proceedings at any stage?
Before service of the claim form etc. on the other parties,
17.1 If you have not yet served any of the parties with the sealed claim form and accompanying documents you may discontinue the proceedings by notifying the Court in writing of your intention to do so. The Court will accept a letter of withdrawal provided that you confirm in writing that you have not effected service on the parties.
After service of the claim form etc. on the other parties,
17.2 Discontinuance of a claim is governed by CPR Part 38. Discontinuance renders you liable for the costs incurred by the other parties until the date of discontinuance.
17.3 There is a right to discontinue a claim at any time, except where:
An interim injunction has been granted or an undertaking has been given - in those circumstances the permission of the court is required to discontinue the proceedings (an example of this would be where bail had been granted pending determination of the application for judicial review) Interim payment has been made by defendant - in those circumstances the consent of the defendant or the permission of the court is required to discontinue the proceedings There is more than one claimant - in those circumstances the consent of every other claimant or the permission of the court is required to discontinue the proceedings. 17.4 If you wish to discontinue the proceedings at any stage after the service of those proceedings upon the other parties you must file a Notice of Discontinuance in the requisite form (N279) at the relevant Administrative Court Office and serve a copy on every other party.
17.5 A defendant may apply to set aside the Notice of Discontinuance, within 28 days of being served with it (CPR Part 38.4).
NB - If the parties require any order for costs, then a draft order setting out the terms of the order sought is required. A Notice of Discontinuance would not be appropriate in those circumstances.
Will I be responsible for the costs of the defendant and/or the interested parties if my application is unsuccessful?
18.1 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.
NB - 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.
This material has been reproduced from Her Majesty's Courts Service by ilegal to assist any organisation considering commencing such action against the Legal Services Commission. You can view the source and further information from HMCS here: