Croke v Secretary of State for Communities and Local Government & Anor

Croke v Secretary of State for Communities and Local Government & Anor

The court does not have jurisdiction to entertain the s.288 application because it was filed after the expiry of the absolute statutory 6-week time limit, and physical inaccessibility due to security staff does not extend the time limit where the court office was open during normal hours.

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
Judicial Review (planning) / Ruling on Jurisdiction and Strike Out Application
Outcome
Claim struck out for want of jurisdiction
Legal Topics
Statutory Time Limits, Jurisdiction, Access to Justice, Interpretation of Procedural Rules
Administrative Law Planning Law Statutory Time Limits Jurisdiction Access to Justice Interpretation of Procedural Rules

Case Brief

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Parties

John Noel Croke

Claimant

Secretary of State for Communities and Local Government

First Defendant

Aylesbury Vale District Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Ruling on Jurisdiction and Strike Out Application

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain a s.288 application filed after the statutory 6-week time limit
  2. 2 Whether physical inaccessibility of the court office on the last day extends the statutory time limit

Ratio Decidendi

The court does not have jurisdiction to entertain the s.288 application because it was filed after the expiry of the absolute statutory 6-week time limit, and physical inaccessibility due to security staff does not extend the time limit where the court office was open during normal hours.

Court Disposition

Claim struck out for want of jurisdiction

Orders

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