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06 OCT 2011

High Court confirms the need for promptness in judicial review

The High Court has reconfirmed that claimants must bring their claims promptly and in any event within three months to be given permission to bring judicial review proceedings.
The promptness requirement contained in CPR r 54.5 has been under scrutiny after the European Court of Justice held in Uniplex (UK) Limited v NHS Business Services Authority [2010] EUECJ C–406/08 that an identically worded requirement in the Public Contracts Regulations 2006, made to give effect in domestic law to the Procurement Directive 89/665 was contrary to general principles of EU law.

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