Sharma & Ors, R (On the Application Of) v Upper Tribunal [2012] EWHC 3930 (Admin) (29 November 2012)

Sharma & Ors, R (On the Application Of) v Upper Tribunal [2012] EWHC 3930 (Admin) (29 November 2012)

Procedural changes such as the new 16-day time limit for judicial review claims apply from the date they come into force, but to avoid injustice, claims relating to decisions made before the rule change are allowed a 16-day grace period. The abolition of oral renewal applies only to claims lodged after the rule change; claims lodged before retain the right to oral renewal.

Citation
[2012] EWHC 3930 (Admin)
Parties
Claimant: Sharma; Claimant: Sagar; Claimant: Arshad; Defendant: Upper Tribunal
Jurisdiction
England and Wales
Judgment Date
29 November 2012
Procedural Posture
Judicial Review / Application for Permission to Proceed
Outcome
Applications allowed to proceed on merits despite delay.
Legal Topics
Judicial Review, Time Limits, Procedural Rules, Transitional Provisions
Administrative Law Civil Procedure Judicial Review Time Limits Procedural Rules Transitional Provisions

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Parties

Sharma

Claimant

Sagar

Claimant

Arshad

Claimant

Upper Tribunal

Defendant

Procedural Posture

Judicial Review / Application for Permission to Proceed

Legal Issues

  1. 1 Whether the new 16-day time limit for judicial review claims against the Upper Tribunal applies to decisions made before 1 October 2012
  2. 2 Whether abolition of oral renewal applies to claims lodged before 1 October 2012

Ratio Decidendi

Procedural changes such as the new 16-day time limit for judicial review claims apply from the date they come into force, but to avoid injustice, claims relating to decisions made before the rule change are allowed a 16-day grace period. The abolition of oral renewal applies only to claims lodged after the rule change; claims lodged before retain the right to oral renewal.

Court Disposition

Applications allowed to proceed on merits despite delay.

Orders

  • Claims to be considered on their merits rather than dismissed for delay.
  • 16-day grace period applies for claims relating to pre-October 2012 decisions.