PRACTICE DIRECTION 54E – ENVIRONMENTAL REVIEW CLAIMS

This practice direction supplements Part 54

Contents of this practice direction

Title

Number

SECTION I – GENERAL

Para 1.1

SECTION II – ENVIRONMENTAL REVIEW

 

The Claim Form

Para 2.1

The claim bundle

Para 3.1

Devolution issues

Para 4.1

Service of Claim Form

Para 5.1

Acknowledgment of Service and Detailed Grounds

Para 6.1

Evidence

Para 7.1

Rule 54.34—Where Claimant Seeks to Rely upon Additional Grounds

Para 8.1

Rule 54.17 and 54.35—Court’s Powers to Hear Any Person

Para 9.1

Skeleton arguments, the hearing bundle and the authorities bundle

Para 10.1

Agreed final order

Para 11.1

Section I – General

1.1 This Practice Direction supplements Part 54. It applies to claims for environmental review.

1.2 In this Practice Direction the term ‘environmental review’ has the same meaning as in rule 54.25(2).

Section II – Environmental review

The Claim Form

2.1 (1) The Claim Form must include or be accompanied by the following documents—

(a)  a clear and concise statement of the facts relied on set out in numbered paragraphs – “the Statement of Facts”; and

(b) a clear and concise statement of the grounds for bringing the claim – “the Statement of Grounds”. The Statement of Grounds should: identify in separate, numbered paragraphs each ground of challenge; identify the relevant provision or principle of law said to have been breached; and provide sufficient detail of the alleged breach to enable the parties and the court to identify the essential issues alleged to arise. The Statement of Grounds should succinctly explain the claimant’s case by reference to the Statement of Facts and state precisely what relief is sought.

(2) The Statement of Facts and the Statement of Grounds may be contained in a single document.

(3) The Statements of Facts and Grounds should be as concise as possible. The two documents together (or the single document if the two are combined) shall not exceed 40 pages. In many cases the court will expect the documents to be significantly shorter than 40 pages. The court may grant permission to exceed the 40-page limit.

2.2  Any application (a) to extend the time limit for filing the Claim Form; and/or (b) for directions in the claim, should be included in or contained in a document that accompanies the Claim Form.

2.3 (1) In addition, the Claim Form must be accompanied by—

(a) any written evidence in support of the claim (in this regard, see also rules 8.5(1) and 8.5(7)).

(b) any written evidence in support of any other application contained in the Claim Form;

(c) a copy of any order or decision that the claimant seeks to have quashed;

(d) where the claim relates to a decision of a public authority an approved copy of the reasons for reaching that decision and a copy of any record of the decision under challenge;

(e) copies of any documents on which the claimant proposes to rely;

(f) copies of any relevant statutory material; and

(g) a list of essential documents for advance reading by the court (with page references to the passages relied on).

(2) Where it is not possible to file all the above documents, the claimant must indicate which documents have not been filed and the reasons why they are not currently available.

The claim bundle

3.1 (1) The claimant must prepare a paginated and indexed bundle containing all the documents referred to in paragraphs 2.1 and 2.3. An electronic version of the bundle must also be prepared in accordance with the Guidance on the Administrative Court website.

(2) The claimant shall (unless otherwise requested) lodge the bundle with the Court in both electronic and hard copy form. For Divisional Court cases the number of hard copy bundles required will be one set for each judge hearing the case.

Devolution issues

4.1 (1) In this Practice Direction “devolution issue” has the same meaning as in paragraph 1, Schedule 9 to the Government of Wales Act 2006, paragraph 1, Schedule 10 to the Northern Ireland Act 1998; and paragraph 1, Schedule 6 to the Scotland Act 1998.

(2) Where the claimant intends to raise a devolution issue, the Claim Form must: (a) specify that the claimant wishes to raise a devolution issue and identify the relevant provisions of the Government of Wales Act 2006, the Northern Ireland Act 1998 or the Scotland Act 1998; and (b) contain a summary of the facts, circumstances and points of law on the basis of which it is alleged that a devolution issue arises.

Service of Claim Form

5.1 Part 6 contains provisions about the service of Claim Forms.

5.2  Where the defendant or interested party to the claim is the Crown, service of the Claim Form must be effected on the solicitor acting for the relevant government department as if the proceedings were civil proceedings as defined in the Crown Proceedings Act 1947. Practice Direction 66 gives the list published under section 17 of the Crown Proceedings Act 1947 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.

Acknowledgment of Service and Detailed Grounds

6.1 The Acknowledgment of Service must contain the information specified in rules 8.3(2) and 10.5. See also the requirements set out in Practice Direction 10.

6.2 (1) If a defendant or other party chooses to file an Acknowledgement of Service, the Detailed Grounds referred to in CPR 54.32(1)(a) should meet the following requirements.

(2) The Detailed Grounds should identify succinctly any relevant facts. Material matters of factual dispute (if any) should be highlighted.

(3) The Detailed Grounds should (again succinctly) explain the legal basis of that party’s response to the claimant’s case, by reference to relevant facts.

(4) The Detailed Grounds should be as concise as possible, and shall not exceed 40 pages. The court may grant permission to exceed the 40-page limit.

(5) Where a party filing Detailed Grounds intends to rely on written evidence or on documents not already filed, the party must prepare a paginated and indexed bundle containing that evidence and those documents. An electronic version of the bundle shall also be prepared in accordance with the Guidance on the Administrative Court website.

6.3  The party shall file and serve electronic and hard copy versions of the bundle when  filing and serving the Detailed Grounds.

Evidence

7.1  In accordance with the duty of candour, the defendant should, in its Detailed Grounds or evidence, identify any relevant facts, and the reasoning, underlying the matter the subject of the claim for environmental review.

7.2  Disclosure is not required unless the court orders otherwise.

7.3   It will rarely be necessary in an environmental review for the court to hear oral evidence. Any application under rule 8.6(2) for permission to adduce oral evidence or to cross-examine any witness must be made promptly, in accordance with the requirements of Part 23, and be supported by an explanation of why the evidence is necessary for the fair determination of the claim.

Rule 54.34—Where Claimant Seeks to Rely upon Additional Grounds

8.1  Where the claimant intends to apply for environmental review on grounds additional to those set out in the Claim Form, the claimant must make an application to the court for permission to amend the Claim Form. The application should be made in accordance with the requirements of Part 23.

8.2 The application must be made promptly and should include, or be accompanied by, a draft of the amended grounds and be supported by evidence explaining the need for the proposed amendment and any delay in making the application for permission to amend.

8.3  The application, the proposed additional grounds and any written evidence, must be served on the defendant and any interested party named in the Claim Form or an Acknowledgement of Service.

8.4 For the purposes of determining an application to rely on additional grounds, rules 17.1 and 17.2 shall apply. Where permission to rely on additional grounds is given, the court may give directions as to amendments to be made to the defendant’s Detailed Grounds and/or such other case management directions as appropriate.

Rule 54.17 and 54.35—Court’s Powers to Hear Any Person

9.1 An application for permission to intervene under rules 54.17 and 54.35 should be made by application in the relevant proceedings, in accordance with the provisions of Part 23.

9.2 Any such application must be made promptly. The Court is unlikely to accede to an application to intervene if it would have the consequence of delaying the hearing of the relevant proceedings.

9.3 The Application Notice must be served on all parties to the proceedings.

9.4 (1) The duty of candour applies. The Application Notice should explain who the applicant is and indicate why and in what form the applicant wants to participate in the hearing.

(2) If the applicant requests permission to make representations at the hearing, the application should include a summary of the representations the applicant proposes to make.

(3) If the applicant requests permission to file and serve evidence in the proceedings a copy of that evidence should be provided with the Application Notice. The application should explain the relevance of any such evidence to the issues in the proceedings.

9.5 Where the court gives permission for a person to file evidence or make representations at the hearing of the claim for environmental review (whether orally or in writing), it may do so on conditions and may give case management directions.

9.6  Where all the parties consent, the court may deal with an application under rules 54.17 and 54.35 without a hearing.

Skeleton arguments, the hearing bundle and the authorities bundle

10.1  Paragraphs 14.1 to 15.5 of Practice Direction 54A shall apply to the environmental review procedure, save that references to “judicial review” shall be read as referring to “environmental review”.

Agreed final order

11.1 Paragraphs 16.1 to 16.4 of Practice Direction 54A shall apply to the environmental review procedure.

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