UK Law and Practice Contributed by: Charles Brasted, Julia Marlow, Andrew Eaton and Fraser Eccles, Hogan Lovells International LLP
when deciding whether to grant permission (see 9.6 Initial Sifting Process ). The court will con - sider “all the circumstances, including whether an adequate explanation has been given for the delay, the importance of the issues, the pros- pects of success and whether an extension will cause substantial hardship or prejudice to the defendant or any other party or be detrimen- tal to good administration” (R (Dean Dobson) v Secretary of State for Justice [2023] EHWC 50 (Admin)). Shorter time limits apply in certain types of judi - cial review proceedings. For example, challeng - es to decisions made under planning legislation must be filed within six weeks of the decision (CPR 54.5(5)). 9.4 Evidence Required to Initiate a Claim Initiating judicial review proceedings is a front- loaded process. In effect, the claimant must file all relevant information, grounds of challenge and evidence in support of the claim at the out - set. To initiate a claim for judicial review, a claimant must file a claim form at the Administrative Court Office that provides: • details of the claimant, defendant(s) and any person(s) whom the claimant considers to be an interested party; • details of the decision under challenge; • a statement of facts relied on and the grounds of challenge; • the judicial remedies sought, including a par - ticularised claim for damages under the HRA 1998, if sought; and • where relevant, any applications for exten - sions of time or directions.
A claimant must also file the following docu - ments with the claim form (PD54A, paragraph 4.4(1)): • written evidence relied on in support of the claim or any other application contained in the claim form; • a copy or record of the decision challenged; • copies of any documents on which the claim - ant proposes to rely; • a copy of any statutory material relevant to the claim; and • a list of essential documents for advance reading by the court. 9.5 Procedural Stages All grounds of challenge and evidence in support of the claim must be set out in or accompany the claim form when filed. This includes identifying the statutory provisions or principles of public law said to be breached, providing sufficient detail to enable the parties and the court to iden - tify the issues to be determined, and explaining the claimant’s position by reference to a state - ment of facts, supported by witness evidence, and stating precisely what relief is sought. Once the claim is filed, the claimant requires the permission of the court to amend its claim or to adduce further evidence in support, although this will invariably be granted in circumstances where the defendant raises new points of fact or law in its defence (see 11.1 Timing and Grounds of Defence ). A claimant may (no more than seven days after service of the defendant’s acknowledgement of service and summary grounds of defence) file a reply (of no more than five pages, unless the court provides otherwise) only if it is necessary for the purpose of the court’s decision to grant permission – for example, where a discrete issue
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