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 happens after permission is granted?
11.1 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.
11.2 Request for an oral hearing must be made on the Notice of Renewal, Form 86b, (a copy of which will be sent to you at the same time as the judge's decision) and must be filed within 7 days after service of the notification of the judge's decision upon you (CPR Part 54.11 & 54.12).
11.3 Where the judge directs an oral hearing or you renew your application after refusal following consideration on paper, you may appear in person or be represented by an advocate (if you are legally represented). If you are not legally represented you may seek the court's permission to have someone speak on your behalf at the hearing.
NB - Any application for permission to have someone speak on your behalf should be made to the judge hearing the application who will make such decision as he considers appropriate in all of the circumstances.
11.4 Notice of the hearing is given to you, the defendant and any interested party by the Administrative Court List Office. An oral hearing is allocated a total of 30 minutes of court time. If it is considered that 30 minutes of court time is insufficient, you may provide a written estimate of the time required for the hearing and request a special fixture.
11.5 Neither the defendant nor any other interested party need attend a hearing on the question of permission unless the court directs otherwise.
What happens when my case is ready for hearing?
12.1 On granting permission the court may make case management directions under CPR 54.10(1) for the progression of the case. Case management directions may include directions as to venue, as to the service of the claim form and any evidence on other persons and as to expedition.
12.2 Where a claim is made under the Human Rights Act 1998, a direction may be made for the giving of notice to the Crown or joining the Crown as a party. In that regard you attention is drawn to the requirements of Civil Procedure rule 19.4A and paragraph 6 of the Practice Direction supplementing Section I of Part 19. When should the defendant/interested party lodge its evidence following the grant of permission?
12.3 A party upon whom a claim form has been served and who wishes to contest the claim (or support it on additional grounds) must, within 35 days of service of the order granting permission, file and serve on the Court and all of the other parties
Detailed grounds for contesting the claim or supporting it on additional grounds and
Any written evidence relied upon.
12.4 Any party who has done so may be represented at the hearing.
12.5 Where the party filing the detailed grounds intends to rely on documents not already filed, a paginated bundle of those documents must be filed at the Court when the detailed grounds are filed.
12.6 The Court has power to extend or abridge the time for lodging evidence.
What if I need to make an application to the court for further orders/directions after the grant of permission?
13.1 When the time for lodging of evidence by the parties has expired, the case enters a warned list and all parties are informed of this by letter.
13.2 Where a direction has been given for expedition, the case will take priority over other cases waiting to be fixed and enters an expedited warned list.
What is the procedure for the listing of a case for hearing?
NB - The procedure is the same whether you act in person or are legally represented.
13.3 Where advocate's details have been placed on the court record, the parties will be contacted by the relevant Administrative Court List Office in order to seek to agree a date for the hearing. You and advocate's clerks will be offered a range of dates and will have 48 hours to take up one of the dates offered. If the parties fail to contact the List Office within 48 hours, the List Office will fix the hearing on one of the dates offered without further notice and the parties will be notified of that fixture by letter. Where a hearing is listed in this way the hearing will only be vacated by the Administrative Court Office if both parties consent and good reason is provided for the need to vacate the fixture, using the adjournment form available from Administrative Court Listing Offices.
13.4 There may be circumstances where you are unable to attend at court on the date fixed to hear your application, i.e. as a result of illness or accident. If you are unlikely to be able to attend court on the hearing date you must notify the relevant List Office immediately. You should contact the other parties to seek their consent to the adjournment using the adjournment form. If illness is the cause of your inability to attend, a medical certificate should also be provided. Your application for an adjournment will be considered by the Appropriate Officer of the relevant Administrative Court Office. Please note that there is a fee payable for any application to adjourn made within 14 days of the hearing date, unless you are entitled to fee remission, in which case you must lodge an Application for a Remission of Fee (Form Ex160) with your adjournment form.
13.5 Where agreement to an adjournment cannot be reached, a formal application for adjournment must be made to the Court (on notice to all parties) using Form PF244 - Administrative Court Office. Please note that there is a fee payable for any application to adjourn made within 14 days of the hearing date, unless you are entitled to fee remission, in which case you must lodge an Application for a Remission of Fee (Form Ex160) with your application.
13.6 There are occasions when circumstances, outside the control of the List Office, may necessitate them having to vacate a hearing at very short notice. Sometimes this can be as late as 4.30pm the day before the case is listed. This could be as a result of a case unexpectedly overrunning, a judge becoming unavailable, or other reasons. The List Office will endeavour to re-fix the case on the next available date convenient to the parties.
What is the short warned list?
13.7 Whilst the Administrative Court usually gives fixed dates for hearings, there is also a need to short warn a number of cases to cover the large number of settlements that occur in the list. Parties in cases that are selected to be short warned will be notified that their case is likely to be listed from a specified date, and that they may be called into the list at less than a day's notice from that date. If the case does not get on during that period, a date as soon as possible after that period will be fixed in consultation with the parties.
13.8 There may be circumstances where you are unable to attend at court on the date fixed to hear your application, i.e. as a result of illness or accident. If you are unlikely to be able to attend court on the hearing date you must notify the relevant List Office immediately in writing to seek an adjournment of the hearing, setting out the reasons why you are unable to attend Court. If illness is the cause of your inability to attend, a medical certificate should be provided. Your application for an adjournment will be considered by the Appropriate Officer of the relevant Administrative Court Office. The views of the other parties to the proceedings will be sought and it is good practice to notify the parties of your intention to seek an adjournment of the hearing and ask them to notify the court of their views.
What is a skeleton argument?
13.9 A skeleton argument is a document lodged with the court by a party prior to the substantive hearing of any application for judicial review.
13.10 Whilst there is no requirement for a litigant in person to lodge a skeleton argument there is nothing to prevent you from doing so if you wish and if you consider that it would assist the Court.
13.11 If you wish to lodge a skeleton argument you must file it with the Court and serve it on the other parties not less than 21 working days before the date of the hearing of the judicial review or the short warned date, where a case has been "short warned".
13.12 The defendant and any other party wishing to make representations at the hearing of the judicial review must file and serve a skeleton argument not less than 14 working days before the date of the hearing of the judicial review (or the short warned date).
13.13 The skeleton argument must contain:
A time estimate for the complete hearing, including delivery of judgment;
A list of issues;
A list of the legal points to be taken (together with any relevant authorities with page references to the passages relied on);
A time estimate for the complete hearing, including delivery of judgment;
A chronology of events (with page references to the bundle of documents);
A list of essential documents for the advance reading of the court (with page references to the passages relied on) (if different from that filed with the claim form) and a time estimate for that reading; and
A list of persons referred to.
What is a trial bundle and when should I lodge it?
13.14 You must file a paginated and indexed bundle of all relevant documents required for the hearing of the judicial review whether or not you file a skeleton argument. The bundle must be filed with the court and served on the other parties not less than 21 working days before the hearing.
NB - Two copies of the bundle are required by the Court when the application is to be heard by a Divisional Court in London.
NB - The bundle must also include those documents required by the defendant and any other party who is to make representations at the hearing.
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: