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(f)
Where leave is granted, directions would be given for the substantive hearing
(by orders nisi or after a case management hearing if required) and the order
granting leave together with such directions would be served on the respondent
(whether or not he has acknowledged service) and on all interested parties who
have acknowledged service. Those interested parties who have been served but
have not acknowledged service would be assumed not to be interested in
participating.
(g)
The respondent (whether or not he has acknowledged service) and all interested
parties who have acknowledged service, would be entitled to file grounds and
evidence to contest or to support on additional grounds, the claim for judicial
review, along the lines of CPR 54.14.
(h)
Where any person, whether or not previously served, desires to file evidence
and/or to make representations at the substantive hearing in opposition to or in
support, on additional grounds, of the application, he could apply to the court
for leave to do so, such leave only being granted where the court is satisfied that
he ought properly to be heard.
Recommendation 146: Applications for leave to bring a claim for judicial
review should be required to be served with all supporting evidence on the
proposed respondent and on any other persons known by the applicant to be
directly affected by the claim, unless the court otherwise directs.
Recommendation 147: Persons served should be given the choice of either
acknowledging service and putting forward written grounds for resisting the
application or grounds in support additional to those relied on by the applicant;
or declining to participate unless and until the applicant secures leave to bring
the claim for judicial review.
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