‘The concept of protective issuing is familiar to litigation lawyers. It involves issuing a claim without any (or without any full) pleaded case when some aspect of the pre-action process has not yet been completed, most frequently when a proposed claim is coming up against a limitation deadline. It is perhaps of especial importance to public lawyers, given the judicial review longstop of 3 months means that any proposed claim comes up against limitation very quickly. An important point to note, which public lawyers will be well-aware of, is that the 3-month period is a longstop; the statutory requirement is to act promptly.’
Administrative Court Blog, 16th October 2025
