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The CPR have significantly changed this. Both the respondent (called a defendant in
the CPR) and interested parties (defined as "any person (other than the claimant and
defendant) who is directly affected by the claim")
are brought in at the very outset.
(a)
Pursuant to the pre-action protocol on judicial review, an intending applicant
(called a claimant in the CPR) is expected to send a letter before claim to the
intended respondent, copying it to all interested parties and, within 14 days, the
respondent is expected to reply, with copies to the interested parties.
(b)
If the matter is not settled, the applicant serves a claim form (by which
permission to seek judicial review is sought) on the respondent and also on any
person considered by the applicant to be an interested party, unless the court
directs otherwise.
The procedure for the leave application has therefore
become potentially inter partes.
(c)
We say "potentially" because the defendant and persons served may, but do not
have to, file an acknowledgment of service in response. They are given up to
21 days to do so. If they do decide to acknowledge service, they must, in the
acknowledgment, summarise the grounds for contesting the claim (if they
intend to contest it) or set out any additional grounds relied on in support of the
claim or its opposition.
(d)
However, they are under no obligation to acknowledge service. A respondent
may choose to leave it to the judge to decide whether to grant leave without any
oral hearing
and without any input from the respondent. If the applicant is
given leave to proceed, the defendant and interested parties can come in at the
stage of the substantive hearing, filing grounds and evidence in support of the
position they are taking, pursuant to CPR 54.14.
Notes
Pre-action protocol on judicial review, §§ 11 and 17.
The usual approach, whether or not an acknowledgment of service is filed: 54PD8.4.
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