PRACTICE DIRECTION 54B – URGENT APPLICATIONS AND OTHER APPLICATIONS FOR INTERIM RELIEF

Section I – urgent applications, general

1.1       Urgent applications in Administrative Court claims may be made to the court Monday to Friday, 10am – 4.30pm. (Outside these hours urgent applications should be directed to the Queen’s Bench Division out of hours judge.)

1.2       Urgent applications must be made using Form N463 (“Judicial Review: Application for urgent consideration”). All information required by the Form must be provided. In particular, the applicant must state the reasons why the application needs to be considered urgently, the reasons why the application was not made sooner, and the timescale within which consideration of the application is requested. The Form must be signed and supported by the required Statement of Truth.

1.3       The applicant must prepare an indexed and paginated bundle (“the application bundle”) which shall contain the Form N463 and any other material required by this Practice Direction to be provided as part of the application. The bundle should include the pre-action communication concerning the claim for judicial review, and all communication with the defendant concerning the urgent application. An electronic version of the application bundle shall also be prepared in accordance with the Guidance on the Administrative Court website. The application bundle shall be filed at the same time as the Form N463.

1.4       London. Urgent applications may be filed with the court in London by email to immediates@administrativecourtoffice.justice.gov.uk . They may also be filed by delivery to the Administrative Court Office at the Royal Courts of Justice, Strand, London WC2A 2LL.

1.5       Administrative Court Offices outside London. Where an urgent application needs to be made to the Administrative Court outside London, the application must be made to the relevant Office: see Practice Direction 54C.

1.6       The place where an urgent application is made will not by itself decide the venue for the further administration or determination of the claim. This will be determined in accordance with the provisions of Practice Direction 54C.

1.7       The applicant must serve the Form N463 and the application bundle on the defendant and any interested party either (a) before the application is filed with the court; or if that is not possible (b) when the application is filed with the court. The applicant must advise the defendant and any interested party of the nature of the application and that they may make representations.

1.8       The court will consider the application within the time requested wherever possible, and may make such order as it considers appropriate. Wherever possible the court will permit the defendant and any interested party the opportunity to make representations (either orally or in writing) before making any order on any urgent application. If the court directs that an oral hearing take place within a specified time, the representatives of the parties and the Administrative Court will liaise to fix the hearing within the time period directed.

Section II – urgent applications for interim relief

2.1       Where the urgent application is a claim for interim relief, the grounds on which the interim relief is made must be set out clearly and concisely.

2.2       The applicant will be expected to have taken reasonable steps to investigate matters material to the application. The application must be supported by evidence contained in a witness statement verified by a statement of truth. The information provided should be no more than is necessary for the purposes of the application but must cover all matters that it is reasonable to assume a court would consider material to the application.

2.3       The application will be considered in accordance with paragraph 1.8 above. However, since the court may need to determine the application without reference to the defendant or others who may be adversely affected if the interim relief requested is ordered, the applicant must identify all matters relevant to whether or not the interim relief sought should be granted (both those supporting and those undermining the application).

2.4       The application must include a draft order which sets out, clearly and concisely, the interim relief requested.

Section III – urgent applications seeking an order that a claim be expedited

3.1       An application for expedition must include a clear and concise explanation of the reasons why expedition is necessary. The application must include a statement of the position of the defendant and any interested party on the expedition sought, or in default of that must explain the steps taken to contact the defendant and any interested party to ascertain that position.

3.2       The applicant must provide a draft order which sets out the timetable requested by way of expedition.

Section IV – other applications for interim relief

4.1       Other applications for interim relief may be included in the Claim Form or made by filing an application notice (Form N244). The requirements at paragraphs 2.1 – 2.4 above also apply to such applications.

Ministry of Justice

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