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
Can I get Legal Services Commission funding (Legal Aid) for my application?
4.4 Neither the Court nor the Administrative Court Offices have power to grant funding (previously legal aid). The responsibility for the provision of public funding is held by the Legal Services Commission.
Further information on the type(s) of help available and the criteria for receiving that help may be found in the Legal Services Commission Manual Volume 3: “The Funding Code”. This may be found on the Legal Services Commission website at www.legalservices.gov.uk/.
4.6 A list of contracted firms and Advice Agencies may be found on the Community Legal Services website at www.justask.org.uk/. The Legal Services Commission can also provide you with a list of solicitors in your area if you telephone them on 0845 608 1122.
When should I lodge my application for permission to apply for judicial review?
5.1 The claim form must be filed promptly and in any event not later than three months after the grounds upon which the claim is based first arose (CPR Part 54.5).
5.2 The court has the power to extend the period for the lodging of an application for permission to apply for judicial review but will only do so where it is satisfied there are very good reasons for doing so.
NB - The time for the lodging of the application may not be extended by agreement between the parties.
NB - If you are seeking an extension of time for the lodging of your application, you must make the application in the claim form, setting out the grounds in support of that application to extend time (CPR Part 54.5).
Is there a fee to pay and if so, when should I pay it?
6.1 A fee of £50.00 is payable when you lodge your application for permission to apply for Judicial Review. A further £180.00 is payable if you wish to pursue the claim if permission is granted (Civil Proceedings Fees (Amendment) Order 2007).
NB - If you are in receipt of certain types of benefits you may be entitled to remission of any fee due. If you believe you may be entitled to fee remission you should apply to the relevant Administrative Court Office using Form EX160 (Application for Remission of a Fee) and lodge the application with your claim form.
NB - Cheques should be made payable to HMCS. If you lodge your claim form at the court office in person, personal cheques must be supported by a cheque guarantee card presented at the time the claim form is lodged.
How do I apply for judicial review?
7.1 An application for permission to apply for judicial review must be made by claim form (Form N461).
7.2 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.
7.3 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.
7.4 Where you intend to raise a devolution issue, the claim form must specify that you (a) wish to raise a devolution issue (b) identify the relevant provisions of the Government of Wales Act 1998, and (c) contain a summary of the facts, circumstances and points of law on the basis of which it is alleged that a devolution issue arises. Cases involving Welsh devolution issues are expected to be lodged at the Administrative Court Office in Wales.
7.5 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.
NB - 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.
What documents do I need to lodge?
7.6 You must file the original claim form and witness statement, together with a set of paginated and indexed copy documents for the courts use containing the documents referred to in paragraph 7.5 above (CPR Part 54.6 and Practice Direction 54). You should also file a complete set of copy documents (including a copy claim form and witness statement) in a paginated and indexed set for the courts use. Please ensure you paginate in consecutive page number order throughout your bundle. Also ensure that each page has a page number on it and provide an index, which lists the description of documents contained in your bundle together with their page reference numbers.
7.7 Please note that if your case is of a criminal nature then the Court will require you to lodge two paginated and indexed bundles of copy documents.
7.8 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.
7.9 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.
NB - Applications that do not comply with the requirements of CPR Part 54 and Practice Direction 54 will not be accepted, save in exceptional circumstances. In this context a matter will be regarded as exceptional where a decision is sought from the Court within 14 days of the lodging of the application. In such circumstances an undertaking will be required to provide compliance with the requirements of the CPR within a specified period.
NB - If the only reason given in support of urgency is the imminent expiry of the three month time limit for lodging an application, the papers will nonetheless be returned for compliance with Part 54 and Practice Direction 54. In those circumstances you must seek an extension of time and provide reasons for the delay in lodging the papers in proper form.
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: