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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.

Judicial review

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?

  1. AThe claim must be filed promptly and in any event within three months of 1 March, and the parties may extend this by agreement.
  2. BThe claim must be filed within six weeks of 1 March, and the parties cannot extend this time limit by agreement.
  3. CThe claim must be filed within six weeks of 1 April, when Priya first took legal advice.
  4. DThe claim may be filed by 1 July, because the developer has agreed to extend time.
  5. EThe claim must be filed within one year of the grant of permission.
Show answer and reasoning
B is the best answer. Where a judicial review claim relates to a decision of a local planning authority under the planning Acts, the claim form must be filed not later than six weeks after the grounds first arose (CPR 54.5(5)). Time limits in CPR 54.5 may not be extended by agreement between the parties (CPR 54.5(2)); only the court can extend time.

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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