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The Working Party recommends adopting Proposal 69 to help clarify the rules as to
when judicial review procedures must, and when they may, be used.
It also supports the proposal that provision should be made to enable persons wishing
to make representations at the substantive hearing, subject to the court's discretion, to
be heard in support of, as well as in opposition to, an application for judicial review.
a rule requiring applications for leave to bring a claim for judicial review to be served
on the proposed respondent and on any other persons known by the applicant to be
directly affected by the claim. The persons served would have the choice of either
acknowledging service and putting forward written grounds for resisting the
application or grounds in support, additional to those relied on by the applicant; or
declining to participate unless and until the applicant secures leave to bring the claim
for judicial review. Where leave is granted, the order granting leave and any case
management directions should be served by the applicant on the respondent (whether
or not he has acknowledged service) and on all interested parties who have
acknowledged service.
Such persons would then be entitled, if they so wish, to file
grounds and evidence to contest, or to support on additional grounds, the claim for
judicial review.
The Working Party is not in favour of Proposal 73 for a rule expressly empowering the
court in stated circumstances, after quashing a public authority's decision, itself to
take that decision.
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