Promptness yet again in judicial review: It’s Complicated – UK Human Rights Blog

Posted March 29th, 2012 in appeals, EC law, judicial review, news, planning by sally

“Two first-instance cases last year (Buglife, and Broads) considered whether a defendant to a judicial review involving a European point can complain that the proceedings were not commenced ‘promptly’ even though they were commenced within the 3 month time limit. Both judges decided that this argument could not be advanced, even though the wording in CPR rule 54.5(1) reads ‘promptly and in any event not later than 3 months.’ The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. The point was in one sense academic, because the Court thought there was no merit in the underlying proceedings, but the ruling is still important.”

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UK Human Rights Blog, 29th March 2012