Judicial review and civil enforcement process: preparing for the first directions hearing

To prepare for the first directions hearing and to enable the Court to make appropriate directions at the first directions hearing, the parties need to take certain steps before the first directions hearing, as follows.

WHO

STEP

DESCRIPTION

RESPONDENT
FILE RESPONSE TO SUMMONS

The respondents are to file with the Court and serve on the applicant and each other, a response to the summons stating whether the respondent opposes the relief sought by the applicant and, if so, on what grounds.  The response to the summons is to be filed within 21 days of being served with the summons.

APPLICANT
(JUDICIAL PROCEEDINGS ONLY)
REQUEST DOCUMENTS FROM THE PUBLIC AUTHORITY

In judicial review proceedings, the applicant may, within 14 days of filing the summons or at a later time directed by the court, request the public authority to provide to the applicant:

  • documents relating to the decision to be reviewed
  • the decision and reasons for making the decision
  • if there is no existing written statement of reasons, a statement of reasons setting out findings on material questions of fact, referring to the evidence or other material on which those findings were based, and explaining why the decision was made.
PUBLIC AUTHORITY
(JUDICIAL PROCEEDINGS ONLY)
PROVIDE ACCESS TO DOCUMENTS

The public authority in judicial review proceedings is to comply, within 14 days, with an applicant’s request for documents.  If reasons are not provided following a request for them, the applicant may apply at the first directions hearing for an order that they be provided.

BOTH PARTIES
DISCUSS AND AGREE DIRECTIONS

The parties are to discuss and endeavour to agree on the directions which the Court should make at the first directions hearing. These directions should be based on the usual directions at first directions hearing in Schedule A to the Practice Note.  If the parties do not agree, each party should prepare their own versions of the directions they propose.


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