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23 October 2008
Issue: 7342 / Categories: Case law , Law digest
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Planning/Judicial Review

R (on the application of Finn- Kelcey) v Milton Keynes Council [2008] EWCA Civ 1067, [2008] All ER (D) 94 (Oct)

Given that the CPR expressly provide for a three-month time limit for judicial review, the courts cannot adopt a policy that, in challenges to the grant of a planning permission, a time limit of six weeks will in practice apply.

However, the fact Parliament has prescribed a six-week’s time limit in cases where the permission is granted by the secretary of state rather than by a local planning authority, is not wholly irrelevant to the decision as to what is “prompt” in an individual case.

The obligation to comply with the pre-action protocol does not remove the obligation to bring the claim promptly (a letter is no substitute for the lodging of a claim form). Even if the claim has not been lodged “promptly”, there may be considerations which mean that it is in the public interest that the claim should be allowed to proceed, despite the delay and the absence of any explanation for that delay, eg if there is a strong case for saying that the permission was ultra vires.

Issue: 7342 / Categories: Case law , Law digest
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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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