Time Limits Flashcards
(10 cards)
What is the general time limit for bringing a judicial review claim under CPR 54.5(1)?
A. Promptly and in any event within 3 months of the date the grounds arose
B. Within 6 months of the challenged act
C. Only after exhausting appeal rights
D. Within one year of discovery of damage
A. Promptly and in any event within 3 months of the date the grounds arose
Explanation: The Civil Procedure Rules require that JR claims be filed promptly, and no later than 3 months after the decision.
What case confirmed that a claim can be rejected even if brought within the 3-month period?
A. Fleet Street Casuals
B. Simplex
C. Datafin
D. Finn-Kelcey v Milton Keynes Council [2008]
D. Finn-Kelcey v Milton Keynes Council [2008]
Explanation: The Court refused permission where the claim was not brought promptly, despite being within the 3-month limit.
What is the time limit for judicial review of a planning decision?
A. 3 months
B. 10 weeks
C. 30 days
D. 6 Weeks
D. 6 weeks
Explanation: Planning cases often fall under statutory regimes (e.g. s.288 TCPA 1990) that impose a 6-week time limit.
A claimant wants to challenge a procurement contract award. When must they bring a judicial review claim?
A. Within 3 months
B. Within 30 days from when they knew of the breach
C. Within 6 weeks
D. Within 90 days of publication
B. Within 30 days from when they knew of the breach
Explanation: Procurement challenges are governed by Regulation 92, which imposes a 30-day deadline from knowledge of breach.
A claim is filed 2 months after the decision, but caused major third-party disruption. What is the likely outcome?
A. The court will proceed regardless
B. The court may refuse permission due to lack of promptness
C. An injunction will be issued
D. Time will be extended due to strong merits
B. The court may refuse permission due to lack of promptness
Explanation: Even if within 3 months, lack of promptness and third-party impact may justify refusal at the permission stage
Which of the following may justify an extension of time in JR?
A. Serious illness or late disclosure of crucial facts
B. Political controversy
C. The claimant’s lack of legal knowledge
D. Online media coverage of the decision
A. Serious illness or late disclosure of crucial facts
Explanation: Extensions are rarely granted but may be allowed for serious procedural or health-based justifications.
What consequence most likely follows a claim filed outside the permitted time frame without justification?
A. It proceeds if the claimant is affected
B. The court will delay issuing judgment
C. The court will likely refuse permission to proceed
D. The court converts it into a statutory appeal
C. The court will likely refuse permission to proceed
Explanation: Timeliness is strictly enforced; without good reason, the claim will likely be dismissed.
What is the default time limit under the Human Rights Act 1998 for bringing a claim?
A. 6 weeks
B. 30 days
C. 3 months
D. 1 year from the date of the breach
D. 1 year from the date of the breach
Explanation: Under s.7(5) HRA 1998, human rights claims must be brought within 1 year, unless the court considers otherwise.
Why do courts enforce strict time limits in judicial review?
A. To preserve their reputation
B. To comply with European case law
C. To promote legal certainty and protect third-party interests
D. To increase costs awards
C. To promote legal certainty and protect third-party interests
Explanation: Delayed challenges can undermine public administration and cause disruption to parties affected by the decision
A claim is filed exactly 3 months after the challenged decision. What else must the claimant show?
A. That the claim was brought promptly, considering all circumstances
B. That the decision was factually incorrect
C. That public support exists
D. That Parliament authorised the claim
A. That the claim was brought promptly, considering all circumstances
Explanation: Promptness is a separate requirement to the 3-month maximum — the claim must be timely in context.
