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
Who should I serve my application on?
7.10 The sealed copy 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). The Administrative Court Office will not serve your claim on the defendant or any interested party.
NB - An interested party is a person who is likely to be directly affected by your judicial review application.
NB - Please note that under the provisions of the Crown Proceedings Act 1947 service must be upon the Department responsible for the Defendant.
NB - Where the claim for judicial review relates to proceedings in a court or tribunal, any other parties to those proceedings must be named in the claim form as interested parties and served with the claim form (CPR 54 PD.5). For example, in a claim by a defendant in a criminal case in the Magistrates' or Crown Court for judicial review of a decision in that case, the prosecution must always be named as an interested party.
7.11 You must 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.
7.12 The date of deemed service is calculated in accordance with CPR part 6.26 (see methods of service below).
First class post (or other service which provides for delivery on the next business day).
Deemed day of service:
The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that.;-
Posted Deemed served
DX (Document Exchange):
The second day after it was left with, delivered to, or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that.
Delivering the document to or leaving it at a permitted address:
Where it is delivered to or left at the permitted address on a business day before 4.30pm, on that day; or in any other case, on the next business day after that day.
If the transmission of the fax is completed on a business day before 4.30pm. on that day, or in any other case, on the next business day after the day on which it was transmitted.
Other electronic method e.g. e-mail:
If the email or other electronic transmission is sent on a business day before 4.30pm, on that day; or in any other case, on the next business day after the day on which it was sent.
If the document is served personally before 4.30pm on a business day, on that day, or in any other case, on the next business day after that day.
NB - The time for the lodging of the defendant and any interested party’s acknowledgement of service commences from the date that the claim is deemed served upon them.
What do I do if my application is urgent?
8.1 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.
8.2 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.
8.3 A judge will consider the application within the time requested and may make such order as he/she considers appropriate.
NB - The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.
8.4 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.
8.5 Where a manifestly inappropriate urgency application is made, consideration may, in appropriate cases, be given to making a wasted costs order.
What is an acknowledgement of service?
9.1 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 him.
NB - Whilst there is no requirement upon you to serve the defendant and any interested party with a Form N462 for completion by them, it is good practice to do so.
9.2 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).
9.3 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.
NB - 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.
What happens after the defendant and/or the interested party has lodged an acknowledgement of service?
10.1 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.
10.2 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.
10.3 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.
10.4 If the judge grants permission and you wish to pursue the claim, you must lodge a further fee of £180.00 (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.
NB - If you do not lodge the additional fee, your file will be closed.
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: