UK Law and Practice Contributed by: Charles Brasted, Julia Marlow, Andrew Eaton and Fraser Eccles, Hogan Lovells International LLP
11. Defence 11.1 Timing and Grounds of Defence As explained at 9.6 Initial Sifting Process , judi - cial review is a two-stage process. As a result, the defendant has two opportunities to put for - ward its grounds of defence. The first opportunity is when it acknowledges the claim. The defendant must file an acknowl - edgement of service of the claim within 21 days after service of the claim form (CPR 54.8(2)). This must state whether the defendant intends to contest all or part of the claim and, if it does, provide a summary of the grounds on which it will be contested (commonly referred to as the “summary grounds of resistance” ) (CPR 54.8(4)). If the court grants the claimant permission to apply for judicial review, the defendant has a further opportunity to set out its grounds of defence in its “detailed grounds of defence” , which it must file within 35 days of service of the order granting permission, unless the court orders otherwise (CPR 54.14(1)). The detailed grounds of defence will set out the full basis on which the defendant defends the claim, and is accompanied by any written evidence on which the defendant intends to rely (CPR 54.14(1)(b)). 12. Interim Relief 12.1 Common Forms of Interim Relief It is possible to apply for interim relief at any stage in proceedings, including in the claim form itself. If the interim relief is sought after the claim has commenced, an application should be filed. The most common forms of relief sought are an injunction preventing the defendant from acting on the decision pending the outcome of the judi -
cial review (CPR 25(1)(a)) or an order staying the effect of the relevant decision. When considering whether to grant interim relief, the court will consider whether there is a real issue to be tried and whether the balance of con - venience lies in favour of granting the interim relief (R (Medical Justice) v Secretary of State for the Home Department[2010] EWHC 1425 (Admin), modifying the test set out in Ameri - can Cyanamid Company v Ethicon Ltd [1975] AC 396). The balance of convenience involves balancing the harm to the claimant that would be caused if interim relief is not granted and the claim later succeeds against the harm to the defendant, any third parties and/or the public interest that would be caused if interim relief is granted and the claim later fails. There is no general right to damages for losses caused by unlawful governmental decisions. To claim damages in judicial review proceedings, the claimant must also establish that they have: • suffered a breach of their human rights justify - ing an award of damages pursuant to Section 8 HRA 1998; • a private law claim for damages, such as con - cerning rights in tort or contract; and/or • a right to recover a debt from a public body. A claim for judicial review may include a claim for damages (or for restitution or the recovery of a sum due) but may not seek such a remedy alone (CPR 54.3(2)). Damages will be awarded by the court pursuant to Section 8 HRA 1998 only if, having regard 13. Remedies 13.1 Damages
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