- Written by Arshad Mahmood
An application for permission to apply for Judicial Review (JR) must be made by using T480 UTIAC Judicial Review Claim Form. The claim form must include or be accompanied by -
- a detailed statement of the claimant's grounds for bringing the claim for judicial review;
- a statement of the facts relied on;
- any application to extend the time limit for filing the claim form; and
- any application for directions.
Where you are seeking to raise any issue under the Human Rights Act 1998, or a remedy available under that Act, the claim form must include the information required by paragraph 16 of the Practice Direction supplementing Part 16 of the Civil Procedure Rules.
The claim form must also be accompanied by
- any written evidence in support of the claim or application to extend time;
- a copy of any order that you are seeking to have quashed;
- where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision;
- copies of any documents upon which you propose to rely;
- copies of any relevant statutory material;
- a list of essential documents for advance reading by the court (with page references to the passages relied upon). Where only part of a page needs to be read, that part should be indicated, by side-lining or in some other way, but not by highlighting.
Where it is not possible for you to file all the above documents, you must indicate which documents have not been filed and the reasons why they are not currently available. The defendant and/or the interested party may seek an extension of time for the lodging of its acknowledgement of service pending receipt of the missing documents.
You must also lodge sufficient additional copies of the claim form for the court to seal them (i.e. stamp them with the court seal) so that you can serve them on the defendant and any interested parties. The sealed copies will be returned to you so that you can serve them on the defendant and any interested parties.
If you are represented by solicitors they must also provide a paginated, indexed bundle of the relevant legislative provisions and statutory instruments required for the proper consideration of the application. If you are acting in person you should comply with this requirement if possible.
Service On The Defendant And Any Interested Parties
The sealed copy of claim form (and accompanying documents) must be served on the defendant and any person that you consider to be an interested party (unless the court directs otherwise) within 7 days of the date of issue (i.e. the date shown on the court seal).
Application For Urgent Consideration Or Interim Order
If you want to make an application for your application for permission to be heard/considered by a Judge as a matter of urgency and/or to seek an interim injunction, you must complete a Request for Urgent Consideration, Form T483 UTIAC Judicial Review. Application for urgent consideration. The form sets out the reasons for urgency and the timescale sought for the consideration of the permission application, e.g. within 72 hours or sooner if necessary, and the date by which the substantive hearing should take place.
Where you are seeking an interim injunction, you must, in addition, provide a draft order; and the grounds for the injunction. You must serve the claim form, the draft order and the application for urgency on the defendant and interested parties (by FAX and by post), advising them of the application and informing them that they may make
representations directly to the Court in respect of your application.
A judge will consider the application within the time requested and may make such order as he/she considers appropriate. The judge may refuse your application for permission at this stage if he/she considers it appropriate, in the circumstances, to do so.
If the Judge directs that an oral hearing must take place within a specified time the Upper Tribunal will liaise with you and the representatives of the other parties to fix a permission hearing within the time period directed.
Where a manifestly inappropriate urgency application is made, consideration may, in appropriate cases, be given to making a wasted costs order.
Acknowledgement Of Service
Any person who has been served with the claim form and who wishes to take part in the judicial review should file an acknowledgment of service in the Upper Tribunal, within 21 days of the proceedings being served upon them. In immigration cases, the Acknowledgement of Service (AOS) is filed by the Treasury Solicitors on behalf of their client, the Home Office, UKBA.
The acknowledgement of service must set out the summary of grounds for contesting the claim and the name and address of any person considered to be an interested party (who has not previously been identified and served as an interested party).
The acknowledgement of service must be served upon you and the interested parties no later than 7 days after it is filed with the court. Failure to file an acknowledgement of service renders it necessary for the party concerned to obtain the permission of the court to take part in any oral hearing of the application for permission.
Decision On An Application For Permission To Apply For Judicial Review
Applications for permission to proceed with the claim for Judicial Review are considered by a single judge on the papers. The purpose of this procedure is to ensure that applications are dealt with speedily and without unnecessary expense.
The papers will be forwarded to the judge by the Upper Tribunal upon receipt of the Acknowledgement of Service or at the expiry of the time limit for lodging such acknowledgement – whichever is earlier.
The judge's decision and the reasons for it will be served upon you, the defendant and any other person served with the claim form. If the judge grants permission and you wish to pursue the claim, you must lodge a further fee of £215.00 (or a further Application for Remission of Fee (Form EX160) with the Upper Tribunal within 7 days of service of the judge's decision upon you. If you do not lodge the additional fee, your file will be closed by the Upper Tribunal.
If permission is refused, or is granted subject to conditions or on certain grounds only, you may request a reconsideration of that decision at an oral hearing.
Responsibility For The Costs Of The Defendant If The Application Is Unsuccessful
The general rule is that the party losing a substantive claim for judicial review will be ordered to pay the costs of the other parties. However, the Judge considering the matter has discretion to deal with the issue of costs as he/she considers appropriate in all of the circumstances. Costs may be awarded in respect of an unsuccessful paper application. Any application by the defendant/interested party for costs will normally be made in the Acknowledgment of Service.
Why Sunrise Solicitors For Paper Application For Permission To Apply For Judicial Review?
The immigration solicitors at Sunrise Solicitors are experts in dealing with paper application for permission to apply for Judicial Review (JR). The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your paper application for permission to apply for Judicial Review (JR) and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
If instructed to represent you regarding your paper application for permission to apply for Judicial Review (JR), the casework we will carry out on your behalf will include the following:
- Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration law and procedure to be adopted by the Upper Tribunal in your immigration case;
- Our immigration solicitors will discuss your case in detail with you and advise you about the weaknesses and strengths of your immigration case;
- Our immigration solicitors will discuss with you the reasons given by the Home Office for the refusal of your application and possible grounds for a paper application for permission to apply for Judicial Review (JR);
- Our immigration solicitors will instruct a Barrister/Advocate for grounds in support of the paper application for permission to apply for Judicial Review;
- Our immigration solicitors will complete the Claim Form for Judicial Review and discuss the same with you;
- Our immigration solicitors will prepare a covering letter to introduce and support the application;
- Our immigration solicitors will submit the paper application for permission to apply for Judicial Review to the Upper Tribunal;
- Our immigration solicitors will keep you informed about the progress of your immigration matter;
- We will liaise with the Treasury Solicitors and reply to the Acknowledgement of Service, if necessary;
- Our immigration solicitors will do all the follow up work until decision is reached on your application;
- Our immigration solicitors will advise you about the implications of the decision on your application.
Our Fees For For A Paper Application To The Upper Tribunal For Permission To Apply For Judicial Review
You have the following funding options to fund your paper application for permission to apply for Judicial Review (JR):
No Win No Fee
- We can act for you on no win no fee basis in relation to your paper application for permission to apply for Judicial Review if we find that the chances of success in your application are 100%. The fee to be charged on No Win No Fee Basis will be from £3,500 +VAT. If the paper application for permission to apply for Judicial Review is unsuccessful, you will not have to pay any fee.
Agreed Fixed Fee
- We will charge you a fee from £2,000.00 + VAT for our professional immigration services in relation to paper application for permission to apply for Judicial Review (JR). The agreed fee will depend on the complexity of the matter and the casework involved in the matter. The agreed fee will cover all our work until decision by the Upper Tribunal on paper application for permission to apply for Judicial Review (JR).
Hourly Rate Fee Option
- You can choose to instruct us using hourly rate funding option. The hourly rate to be charged will depend on the complexity of the matter, the Post Qualification Experience (PQE) of the solicitor handling the matter etc,.