Revised time limits for planning and procurement JRs in force next week

Revised time limits for bringing judicial review claims in procurement and planning disputes will come into force next Tuesday (1 July).

The Civil Procedure (Amendment No. 4) Rules 2013 reduce the time limits for filing a claim form for judicial review to six weeks in relation to a decision under the “planning acts” (the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990) and to 30 days in relation to a decision in a procurement regulated by the Public Contracts Regulations 2006.

The changes also provide that where an application for judicial review is recorded as totally without merit under rule 23.12, the claimant will not be able to request an oral reconsideration of the refusal of permission and that any appeal of that decision is to the Court of Appeal on the papers only.

The changes come after the Ministry of Justice in April published Judicial Review: Proposals for Reform. The MoJ is yet to say when a further reform – the introduction of a £215 fee for an oral renewal hearing – will take place.

The Government decided in April against implementing two of its original proposals. The MoJ said at the time that it would no longer – for cases based on a continuing issue or multiple decisions – seek to clarify the point when the time limit starts.

It also decided against scrapping oral renewals for any case which had already had a hearing before a judge on substantially the same matter, for example, at a court, tribunal or statutory inquiry.