2023년 2월 9일 목요일

Explain the time limits for judicial review under English law.

Under English law, there are strict time limits for bringing a claim for judicial review, which is the process by which a court reviews the lawfulness of executive or administrative action. The time limit for making a claim for judicial review is three months from the date on which the grounds for the claim arose. It is important to note that the time limit for making a claim for judicial review is a strict one, and the courts will usually not extend it unless there are exceptional circumstances, such as a lack of knowledge or a change in the law. Additionally, the time limit for making a claim for judicial review may be even shorter in certain circumstances, such as where a decision is made under an expedited procedure or where there is a right of appeal. If a claim for judicial review is brought outside the time limit, the court may refuse to hear the case and may dismiss it without considering the merits of the claim. As a result, it is important to take legal advice as soon as possible if you are considering making a claim for judicial review, in order to ensure that you comply with the time limits and that your claim is properly prepared and presented. In some cases, it may be possible to make a claim for judicial review out of time if the court is satisfied that there are compelling reasons for doing so and that it is just and equitable to extend the time limit. In such cases, the court will consider the reasons for the delay and the prejudice that may be caused to the parties if the time limit is extended. However, such claims are relatively rare, and the courts are usually reluctant to extend the time limit for making a claim for judicial review.

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