The Judicial Review Process & Time Limits

From pre-action letter to judgment: what actually happens, in what order, and the deadlines that govern all of it.

Judicial review time limits are strict, are sometimes much shorter than three months, and can run from an earlier date than you expect. The courts can refuse late applications even within the stated period if you have not acted promptly. Nothing on this page calculates your deadline. If you believe a decision affecting you may be unlawful, contact a solicitor immediately.

Step 1: Assessment — Fast

Everything begins with four questions answered in days, not weeks: Which time limit applies (three months general; eight weeks in much of planning; 28 days in much of immigration)? Must an appeal be used first? Which grounds are genuinely arguable — powers, procedures, reasons, rationality, expectation? And what remedy actually helps — because quashing a refusal restarts the process; it does not grant the application. Honest answers here save clients from unwinnable, expensive proceedings.

Step 2: The Pre-Action Letter

A formal letter to the decision-maker: the decision, the unlawfulness alleged, the remedy sought, a deadline to respond. It is good practice, it protects your costs position — and it wins cases outright, because public bodies concede challenges they will lose rather than fund them. The letter is drafted as if the pleadings will follow, because sometimes they must, within the same unforgiving limit. Full guide: the pre-action letter.

Step 3: Leave

The application for permission: statement of grounds, verifying affidavit, counsel moving ex parte before the High Court. The threshold is an arguable case (substantial grounds in 2000-Act planning); the grounds pleaded now define the case permanently, so they are drafted with care under deadline. Under the 2024 planning regime, leave is abolished and weak cases are filtered by respondent strike-out instead — different door, same discipline. See the leave stage explained.

Step 4: Pleadings to Hearing

Leave granted, the respondent is served and delivers a statement of opposition with affidavits; exchanges follow; the case is managed in the list toward hearing. Judicial review runs on affidavit — cross-examination is exceptional — so the documents are the battlefield. Stays and interim injunctions hold the position where the subject-matter would otherwise be destroyed by delay. Duration varies by list and urgency: months as a rule, days where genuine emergency demands. Honest expectations: how long it takes.

Step 5: Judgment, Remedy, Costs

The court grants or refuses relief: certiorari, mandamus, prohibition, declarations, injunctions — usually remitting a quashed decision for lawful re-determination. Costs generally follow the event, subject to the special environmental rules and the new planning costs framework. The full remedies picture: remedies explained; the money picture: costs in judicial review.

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Related Reading

Process & Time Limits - FAQs

The general rule under Order 84 is three months from when grounds first arose. Key shorter limits: broadly eight weeks for many planning judicial reviews, 28 days for many immigration and international protection decisions, and around 30 days in public procurement. Courts expect promptness even within these periods and extend them only for good and sufficient reason arising from circumstances outside your control.