CPR 54: Judicial Review Procedure and Legal Costs

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Judicial review is a critical mechanism within public law, allowing individuals or entities to challenge decisions made by public bodies. These include government departments, local councils, and statutory authorities.

The Administrative Court, a division of the High Court, plays a central role in these matters. It ensures that public entities act within their powers and follow legal procedures. It assesses the lawfulness of decisions rather than their merits.

Judicial review offers a crucial check against the arbitrary use of power by public authorities. Through this mechanism, individuals and organisations can hold public bodies accountable when they act unlawfully, irrationally, or unfairly. Judicial review is especially important because it ensures that even government actions are subject to legal scrutiny.

For any judicial review to proceed, several steps must be followed according to CPR 54, which sets out the specific procedural rules. This ensures that claimants and defendants know their roles and responsibilities in a judicial review case, including how and when to file claims, serve documents, and respond to judicial review applications.

CPR 54: The Judicial Review Procedure

CPR 54 governs the rules and procedures for judicial review claims, ensuring that the process is streamlined and transparent. One of the essential elements of CPR 54 is the time limit for filing a judicial review claim, which must be done promptly—generally within three months after the grounds for the claim arise. This time limit helps maintain the efficiency of the judicial review system.

When filing a judicial review, the claimant must also state the name of the public authority being challenged, the remedies sought, and any interim remedies if applicable. This step is critical because it ensures that the parties involved are aware of the details and scope of the case. These procedures are set out in rule 54.29, which outlines the content required in the claim form.

CPR 54.29

“(1) In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—

(a)the name of the public authority, the defendant, against whom the claim for environmental review is brought;

(b)the name and address of any person the claimant considers to be an interested party; and

(c)any remedy (including any interim remedy) sought by the claimant.

(2) The claim form must be accompanied by the documents required by Practice Direction 54E.”

Rules for responding to a claim form are found under CPR 54.14:

CPR 54.14

(1) A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve –

(a) detailed grounds for contesting the claim or supporting it on additional grounds; and

(b) any written evidence,

within 35 days after service of the order giving permission.

(2) The following rules do not apply –

(a) rule 8.5 (3) and 8.5 (4)(defendant to file and serve written evidence at the same time as acknowledgment of service); and

(b) rule 8.5 (5) and 8.5(6) (claimant to file and serve any reply within 14 days).

Any person served with the claim form, must file an acknowledgment of service within 21 days after service using the relevant practice form.

Once the claim form is filed, it must be served on the defendant and any interested parties within seven days. The person served with the claim form who wishes to contest the judicial review must acknowledge the claim within 21 days, as outlined in 54.4. The acknowledgment of service is crucial, as it signals whether the defendant or interested party intends to contest or support the claim.

Contesting a Judicial Review Claim

Once the claim is filed, the person served with the claim form who wishes to contest the judicial review must file and serve detailed grounds of opposition and any supporting evidence, in accordance with 54.15. If the claim to continue is granted, the defendant or interested party must fully engage in the legal process to challenge the claim.

Under CPR 54.15, the person served with the claim form who wishes to contest must file these grounds within 35 days of receiving the court’s order granting permission to proceed.

Moreover, if the defendant to file and serve written evidence at the same time as the acknowledgment of service fails to do so, they may face adverse consequences.

The circumstances in rule 8.5 (4) clarify that failure to submit the evidence promptly could result in the court limiting the defendant’s ability to participate fully in the proceedings. Timely filing is crucial to preserve the right to challenge the claim in court.

Similarly, under CPR 54.18, the person served with the claim form who wishes to contest must follow these deadlines to avoid jeopardising their case. If the party contesting the claim fails to submit the necessary documents or evidence within the required period, the court may exercise its discretion and impose penalties, including adverse cost orders.

If the claimant seeks to add new grounds or change the nature of their claim, they must modify any reply within 14 days of receiving the defendant’s response. This procedural step ensures that both parties have a fair opportunity to present their arguments while maintaining the integrity of the judicial process.

Costs in Judicial Review Cases

Legal costs play a significant role in judicial review cases, particularly when there are disputes over which party should bear the financial burden. If a judicial review is successful, the claimant is generally entitled to recover their legal costs from the defendant. However, if the claim fails, the claimant may be responsible for the defendant’s costs. Costs recovery is governed by specific rules to ensure fairness, particularly in cases where legal aid is involved.

Under the circumstances in rule 8.5 (4) defendant to file and serve written evidence at the same time as their acknowledgment of service can influence the allocation of costs. If the defendant fails to meet this requirement, the court may decide to award costs in favor of the claimant. This rule highlights the importance of complying with procedural timelines to avoid unnecessary cost liabilities.

In cases governed by the person served with the claim form who wishes to contest the judicial review, any failure to comply with the procedural requirements can lead to significant cost penalties. The costs in rule 8.5 (4) often include solicitor’s fees, court fees, and additional expenses, such as counsel fees for representation during hearings.

The party contesting the claim may also need to remit the person served with the claim form who wishes to contest their own legal costs, particularly if the case proceeds to a Detailed Assessment Hearing. In such cases, a Bill of Costs is submitted to the court, outlining the expenses incurred during the judicial review process. If the parties cannot agree on the amount, the court will determine the costs through a detailed assessment process.

Legal Aid in Judicial Review

In judicial review cases where the claimant is eligible for legal aid, additional rules apply. Solicitors working on legal aid cases must adhere to the guidelines of the Legal Aid Agency when recovering costs. Using the CCMS system, solicitors can file interim and final bills for costs, ensuring that all fees are properly documented and justified.

If the court grants permission for the claim to continue, and the case is resolved in the claimant’s favor, the claimant’s legal team may recover their costs from the defendant, subject to the court’s assessment. However, if the claim fails, the Legal Aid Agency may limit or restrict the costs that can be recovered, depending on the circumstances.

For legal aid claimants, disputes over costs often arise when the person served with the claim form who wishes to contest challenges the amount claimed. In such cases, the claimant’s legal team may need to negotiate with the opposing party or submit the matter for a Detailed Assessment Hearing, where the court will determine the final amount of recoverable costs.

Role of Costs Draftsmen and Costs Lawyers

Given the complexity of judicial review proceedings, particularly when it comes to cost recovery, the role of costs draftsmen and costs lawyers is invaluable. These professionals specialise in preparing Bills of Costs, negotiating cost disputes, and representing clients in Detailed Assessment Hearings. Their expertise is particularly beneficial in cases where defendant wishes to contest the costs incurred during the judicial review process.

When costs disputes arise, the defendant may may seek to limit or reduce the total sum of costs claimed. This is particularly common in cases where the claimant is funded by legal aid. In such cases, costs draftsmen can help ensure that the claim is presented accurately and that all relevant costs are included.

Practical Challenges in Judicial Review Cases

Judicial review cases often involve complex legal issues and extensive procedural requirements. For both claimants and defendants, navigating the rules set out in CPR 54 can be challenging. In particular, meeting the strict deadlines for filing documents and evidence is critical to avoid adverse outcomes.

The Administrative Court plays a pivotal role in overseeing judicial review cases and ensuring that public authorities are held accountable for their decisions. For individuals and organizations seeking to challenge public authority decisions, understanding the procedural rules and cost implications is essential to achieving a successful outcome.

For defendants, complying with the rules is equally important. Under 54.4, the defendant must act promptly to preserve their right to contest the claim. This includes filing an acknowledgment of service and submitting detailed grounds for opposition.

Additionally, understanding the circumstances in rule 8.5 (4) regarding the defendant to file and serve written evidence at the same time can be crucial in limiting cost liabilities. Failing to comply with this requirement may result in cost penalties, which could significantly affect the outcome of the case.

How can we Assist with your CPR 54 Costs?

If you require any free initial advice, or our assistance with regards to any aspect of CPR 54 Judicial Review costs, please do not hesitate to contact us via the Contact Form below and one of the team will get in touch on the same working day.

We provide a Costs Draftsman service with over 20 years of experience amongst our team, and focus on the recovery of costs payable by a paying party and costs awards to a receiving party in any legal matter through the preparation of Costs Budgets (Precedent H), Statements of Costs (N260) and preparing Bills of Costs. 

We also provide costs negotiation and advocacy services for detailed assessment in all legal matters, and assist with the recovery of inter-partes costs in publicly funded matters, as well as the recovery of legal costs from the Legal Aid Agency.

If you are looking for a qualified Costs Draftsman or Costs Lawyer, then the ARC Costs team are always happy to help with costs challenges.

The team can be contacted via email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on our services, please visit our services page here or find out about our speciality areas of expertise on our legal costs page.

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