UK Law and Practice Contributed by: Charles Brasted, Julia Marlow, Andrew Eaton and Fraser Eccles, Hogan Lovells International LLP
Interested Parties An interested party is any person (other than the claimant and defendant) who is “directly affected” by the claim (CPR 54.1(2)(f)). Directly affected means “affected without the interven - tion of any intermediate agency” (R v Rent Officer Service, ex parte Muldoon[1996] 1 WLR 1103). The claimant and defendant are required to serve their respective claim documents on any person they consider to be an interested party (CPR 54.6(1)(a), CPR 54.7(b) and CPR 54.8(4) (iii)). Interested parties must also be included in pre-action correspondence (Pre-Action Proto - col for Judicial Review, paragraph 17). Where the claim relates to proceedings in a court or tribunal, any other parties to those proceedings mustbe named in the claim form as interested parties (Practice Direction (PD) 54A, paragraph 4.6(2)). Where a person who is a potential interested party has not been served with the claim form, the court may direct that they be added as a party and that the claim be served on them (CPR 19.2(2) and CPR 19.2(4); Administrative Court Guide (2024) (ACG), paragraph 3.3.5). A party applying to be recognised as an interested party should file and serve an application (under CPR Part 23) seeking permission to join as an inter - Any person may apply for permission from the court to file evidence or make representations at a hearing of the judicial review (CPR 54.17(1)). Such persons are commonly referred to as “interveners” . Applications for permission to intervene in judicial review proceedings should be made promptly (CPR 54.17(2)) and should explain who the applicant is, why and in what form they wish to participate in proceedings, and how such participation (whether through ested party. Interveners
evidence and/or submissions) will assist the court. It is sensible for potential interveners, if possible, to seek the agreement of the parties to the proceedings before applying for permission to intervene. 7.2 Roles of Additional Parties Interested Parties Interested parties are parties to proceedings and can participate fully in the proceedings, if they wish to do so and subject to any conditions imposed by the courts. In particular, interested parties: • may appeal a decision of the court in respect of the claim, even where the claimant and/or defendant do not wish to do so; and • may not (by virtue of their participation in the claim as an interested party) seek to advance a different claim or relief to the claimant, but they may raise additional grounds of chal - lenge in respect of the claim within 35 days of the order giving permission (CPR 54.14(1)). Interveners Interveners require the permission of the court to participate in judicial review proceedings. The court must therefore be satisfied that the intervener will assist the court in its fair and effi - cient management and disposal of the proceed - ings. An intervener might do so, for example, by adducing additional evidence, or by represent - ing a public interest or an alternative perspec - tive, that would not otherwise be available to the court. Interveners are not full parties to proceed - ings and their participation is limited to that for which the court grants permission.
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