Introduction

As part of our Judicial Review Mini-series, we have prepared the following ‘Top Tips’ to help you navigate Judicial Review litigation. The aim is to provide a quick point of reference to give you prompts to help deal with such a complex area of law.

Essential Reading

• The Administrative Court Judicial Review Guide 2025.
• Pre-action Protocol for Judicial Review.
• Civil Procedure Rules Part 54 (including Practice Directions).

Defensible Decision Making

• Have you taken account of all relevant considerations?
• Have you made sufficient enquiries in order to have the necessary information to make your decision?
  • Are you aware of all relevant policies/guidance?
  • Have you followed those policies?

• Have you provided clear and adequate reasons for the decision?
  • Do you have the evidence and a paper trail of the decision made? Does it show the reasoning/rationale for the decision?
    

• Have you considered potential impacts on people with protected characteristics?
  • Any public law decision maker needs to take into account equality impacts under s149 of the Equality Act.
  • Has there been a full Equality Impact Assessment?
    

Know your deadlines

If, despite following the above tips in terms of your decision making, you find yourself receiving notification of an anticipated or actual application for judicial review, it is very important you are aware of the timescales you are working within, particularly as these are short and often require court approval if an extension is required.

Timescales

Letter before claim

• Standard Timeframe: ASAP

Letter of response

• Standard Timeframe: 14 days 
• Can an extension be agreed between the parties?  Yes but bear in mind limitation

Filing Claim (including Statement of Facts and Grounds and supporting evidence) i.e. Limitation

• Standard Timeframe: Within 7 days of the Claim Form being issued
• Can an extension be agreed between the parties?  No. Can only be extended with Court approval. 

Serving Claim Form on the Defendant and any Interested Party

• Standard Timeframe: Within 7 days of the Claim Form being issued
• Can an extension be agreed between the parties?  No. Can only be extended with Court approval. 

Defendant’s (any Interested Party) Acknowledgment of Service (including Summary Grounds of Defence)

• Standard Timeframe: Within 21 days of service of the Claim Form.
• Can an extension be agreed between the parties? No. Can only be extended with Court approval.

Claimant’s Reply to Acknowledgment of Service (if applicable)

• Standard Timeframe: Within 7 days of service of the Acknowledgement of Service.
• Can an extension be agreed between the parties? No. Can only be extended with Court approval.

Initial response to an Application for Judicial Review

• When responding to a JR, you need to consider whether there are any ‘knockout points’ i.e. put your best arguments front and centre in your Summary Grounds of Defence. E.g. limitation arguments, non-compliance with the CPR, alternative remedy being available, and/or the claim being academic as the matter is already resolved.
• Have all of the Claimant’s Grounds been responded to?
• Do all Grounds for Judicial Review need to be answered in detail? Are some completely without merit? If possible, be concise.
• Plan ahead- what issues is the judge likely to be most concerned about? What evidence do you need to address these?
• Consider whether to obtain witness evidence now to be filed alongside the Summary Grounds of Defence?
• Do not forget to also file a Statement of Costs, so the Court can consider awarding the costs incurred in considering the application for judicial review and preparing the Acknowledgement of Service (including the Summary Grounds of Defence) if the Claimant is refused permission to bring their claim.

Ongoing consideration

• There is an ongoing duty of candour both in respect of witness evidence and disclosure. Don’t forget that parties are expected to conduct litigation with an ‘all cards on the table’ approach.
• If the matter reaches a final hearing what preparations are needed? Who will attend? Ideally, this should be someone who has an in-depth knowledge of the matter and who can address any unexpected issues is preferable.
• A pre-trial conference with counsel and any witnesses is particularly useful.
• Is there any press interest? What communications can be prepared in advance of a final hearing?
• This is a complex area. If in doubt seek legal advice. 

How Capsticks can help

If you have any queries around what's discussed in this article, and the impact on your organisation, or if you require help in dealing with a Judicial Review claim, please speak to the Capsticks Public Law team to find out more about how we can help.