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- Re: JR timescale.
- JR timescale. - Acton Hatter 7/11/2019, 16:39:00
- - Another Suffolk Hatter 7/11/2019, 17:07:55
- Re: JR timescale. - Forza twenty twenty... 7/11/2019, 17:58:20
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Permission to proceed. If the defendant’s response to the PAP is unsatisfactory you may decide to pursue a JR by lodging a claim in the High Court with the relevant fee. This involves the completion of a claim form, setting out your facts, your grounds (why you consider the decision was unlawful), the background to the case with relevant legal provisions and, if you are applying for costs protection, a short statement of your financial means (see the section on Costs, later). This is often the most intensive part of the process for the claimant. We will instruct counsel (either a junior or a QC or both if the case is complex) to advise and draft the statement of facts and grounds.
Once the case is issued, we serve the defendant and any interested party (for example, the holder of the planning permission) with the papers. They can (and almost always do) submit "summary grounds of defence" to explain why it is unarguable and permission should not be granted. In practice, there is a short window of opportunity to reply to those defences.
The court then sends all the correspondence to a judge for a decision on the papers. The test for permission is that you have an arguable case. The Court will weed out cases where it cannot see any arguable error of law, where the claimant cannot show standing or is deemed to be acting vexatiously, or if the case is academic in the sense that it would make no real difference on the ground.
If permission is refused on the papers, you can "renew" the decision to be heard in open court. The other parties may or may not attend. Our experience is that permission is often refused on the papers but granted upon renewal in open court. Sometimes the judge will order that the matter be referred to open court anyway. Just because you have initially been refused permission on the papers does not necessarily mean that you have a weak case – we have had such cases that have ultimately gone on to be successful.
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