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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

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

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More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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