Croke v Secretary of State for Communities and Local Government & Anor [2017] EWCA Civ 423 (06 June 2017)

Croke v Secretary of State for Communities and Local Government & Anor [2017] EWCA Civ 423 (06 June 2017)

Permission to appeal is granted on the single ground that it is arguable whether the Kaur principle extends to cases where the court is not accessible or not functioning for part of the final day for issuing a claim under section 288.

Citation
[2017] EWCA Civ 423
Parties
Applicant: John Noel Croke; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Aylesbury Vale District Council
Jurisdiction
England and Wales
Judgment Date
06 June 2017
Procedural Posture
Appeal / Permission to Appeal From Refusal of Leave to Proceed in Judicial Review (section 288 Town & Country Planning Act 1990)
Outcome
Permission to appeal granted (limited to the single ground described).
Legal Topics
Statutory Time Limits, Court Accessibility, Extension of Time, Section 288 Town & Country Planning Act 1990, CPR Part 8, Limitation Periods
Administrative Law Planning Law Civil Procedure Statutory Time Limits Court Accessibility Extension of Time Section 288 Town & Country Planning Act 1990 CPR Part 8 +1 more

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Parties

John Noel Croke

Applicant

Secretary of State for Communities and Local Government

First Respondent

Aylesbury Vale District Council

Second Respondent

Procedural Posture

Appeal / Permission to Appeal From Refusal of Leave to Proceed in Judicial Review (section 288 Town & Country Planning Act 1990)

Legal Issues

  1. 1 Whether the statutory six-week time limit for issuing a section 288 claim is extended if the court is not accessible for part of the final day
  2. 2 Whether the 'Kaur principle' (extension to next working day if deadline falls on a dies non) applies where the court is closed or not functioning for part of the last day

Ratio Decidendi

Permission to appeal is granted on the single ground that it is arguable whether the Kaur principle extends to cases where the court is not accessible or not functioning for part of the final day for issuing a claim under section 288.

Court Disposition

Permission to appeal granted (limited to the single ground described).

Orders

  • Permission to appeal is granted on the ground relating to the application of the Kaur principle to partial court closure or inaccessibility.