Croke v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2484 (Admin) (11 October 2016)

Croke v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2484 (Admin) (11 October 2016)

The statutory six-week time limit for bringing a s.288 application is absolute and cannot be extended on the basis of individual access difficulties to the court office; the relevant test is whether the court office was open on the last day, not whether it was accessible to a particular litigant. The claimant's application was filed out of time and the court has no jurisdiction to entertain it.

Citation
[2016] EWHC 2484 (Admin)
Parties
Claimant: John Noel Croke; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Aylesbury Vale District Council
Jurisdiction
England and Wales
Judgment Date
11 October 2016
Procedural Posture
Planning Statutory Review (s.288 Town and Country Planning Act 1990) / Application to Quash Inspector's Decision; Jurisdictional Challenge on Limitation Grounds
Outcome
Claim struck out for want of jurisdiction; application dismissed as out of time.
Legal Topics
Statutory Time Limits, Jurisdiction, Access to Justice, Interpretation of Limitation Provisions
Administrative Law Planning Law Civil Procedure Statutory Time Limits Jurisdiction Access to Justice Interpretation of Limitation Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Noel Croke

Claimant

Secretary of State for Communities and Local Government

First Defendant

Aylesbury Vale District Council

Second Defendant

Procedural Posture

Planning Statutory Review (s.288 Town and Country Planning Act 1990) / Application to Quash Inspector's Decision; Jurisdictional Challenge on Limitation Grounds

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain a s.288 application filed after the statutory six-week time limit due to alleged inaccessibility of the court office on the last day

Ratio Decidendi

The statutory six-week time limit for bringing a s.288 application is absolute and cannot be extended on the basis of individual access difficulties to the court office; the relevant test is whether the court office was open on the last day, not whether it was accessible to a particular litigant. The claimant's application was filed out of time and the court has no jurisdiction to entertain it.

Court Disposition

Claim struck out for want of jurisdiction; application dismissed as out of time.

Orders

  • The s.288 application is struck out.
  • The court has no jurisdiction to entertain the claim.