The new Administrative Court Judicial Review Guide for 2024 was published this week.
Here are a few key points about the new guidance:
- The Administrative Court is one of the busiest specialist courts within the High Court. It is therefore key that everyone who is a party to its proceedings ensures that they follow the relevant Civil Procedure Rules and Practice Directions so that court resources are used efficiently, and the time of judges is not wasted.
- Previously, the Court has experienced problems with parties not following the procedural rules properly. Examples cited include applications claiming unnecessary urgency; written arguments and bundles that are too long; and authorities and skeleton arguments being filed very late and in the wrong format.
- The Court restates the importance of considering carefully whether urgency is required in R (DVP) v Secretary of State for the Home Department [2021] EWHC 606 (Admin), [2021] 4 WLR 75.
- It also stresses the importance of concision in statements of case and skeleton arguments.
- The updated Guide sets out in clear terms what is expected, and underlines that parties and/ or their legal representatives may be subject to sanctions for non-compliance.
- The Upper Tribunal continues to undertake a significant number of judicial review cases. Annex 8 of the Guide contains important information about its jurisdiction, with a particular emphasis on immigration cases.
- Feedback on the Guide is welcomed, which should be sent by email to GuideFeedback@administrativecourtoffice.justice.gov.uk.
- There are Administrative Court User Groups which meet regularly with the Judge in Charge of the Court and the liaison judges in the regions, and take note of the minutes of the User Group meetings.
The Guide can be accessed here.
Charlotte Tosti is a Researcher and Paralegal to the Public and Administrative Law Group.