Judicial review — SQE1 Public law question
A worked single-best-answer question on judicial review, with why each wrong option is wrong — the way SQE1 traps candidates.
On 1 March, a local planning authority granted planning permission for a block of flats overlooking Priya's garden. Priya believes the authority failed to take into account a material consideration. She first consulted a solicitor on 1 April. The developer's solicitors write saying that, while settlement talks continue, they are happy to agree that Priya can have until 1 July to bring any judicial review claim.
Which of the following best describes the time limit for Priya's claim?
- AThe claim must be filed promptly and in any event within three months of 1 March, and the parties may extend this by agreement.
- BThe claim must be filed within six weeks of 1 March, and the parties cannot extend this time limit by agreement.
- CThe claim must be filed within six weeks of 1 April, when Priya first took legal advice.
- DThe claim may be filed by 1 July, because the developer has agreed to extend time.
- EThe claim must be filed within one year of the grant of permission.
Show answer and reasoning
Rule: A judicial review of a planning decision must be filed within six weeks of the grounds arising, and the parties cannot extend this by agreement.
- A The general three-month limit is displaced by the six-week planning limit, and neither can be extended by agreement. (right rule, wrong facts)
- C Time runs from when the grounds first arose, the grant of permission, not from when legal advice was taken. (wrong rule)
- D Time limits in CPR 54.5 cannot be extended by agreement between the parties. (wrong rule)
- E One year is the limit for Human Rights Act claims, not judicial review of planning decisions. (wrong rule)
Source: CPR 54.5(1), (2) and (5)
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