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Proposal 71
Provisions should be adopted to require claims for judicial review to be served on
respondents and on other persons known to be interested in the proceedings.
Proposal 72
Provisions should be adopted to require respondents who wish to contest the proceedings to
acknowledge service and to summarise the grounds relied on.
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.
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.
If leave is granted, the order granting leave and any case management directions should be
required to be served by the applicant on the respondent (whether or not he has
acknowledged service) and on all interested parties who have acknowledged service, such
persons then becoming entitled, if they so wish, to file grounds and evidence to contest or to
support on additional grounds, the claim for judicial review.
Proposal 73
Provisions should be adopted spelling out the court's powers on quashing a decision,
including a power, subject to statutory limitations, to take the impugned decision itself.
Proposal
73 (for expressly empowering the court, after quashing a public authority's
decision, itself to take that decision in certain circumstances) should not be adopted.
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