Year 12s: what will be the first way you research your future options? >>

Why is timing an important factor in judicial review

I'm researching judicial review but I'm struggling to find reasons why delay is an important factor. I know the law changed from common to statute but could someone please help me to understand why?

Reply 1

999tigger

Original post by fionawalker

I'm researching judicial review but I'm struggling to find reasons why delay is an important factor. I know the law changed from common to statute but could someone please help me to understand why?

Are you sure you havent got the wrong end of the stick and delay is to be avoided or you at least make sure you hit all procedural deadlines and dont leave things too late?

Reply 2

fionawalker

Original post by 999tigger

Are you sure you havent got the wrong end of the stick and delay is to be avoided or you at least make sure you hit all procedural deadlines and dont leave things too late?

Yes, sorry. That's what I meant. Why is being past the deadline so bad? And why is it so important to be within the deadline? Basically my question is what difference does the time scale make?

Reply 3

999tigger

Original post by fionawalker

Yes, sorry. That's what I meant. Why is being past the deadline so bad? And why is it so important to be within the deadline? Basically my question is what difference does the time scale make?

Because if you miss a deadline, then they arent interested.

Reply 4

fionawalker

Original post by 999tigger

Because if you miss a deadline, then they arent interested.

Thanks for your reply :smile:

this is the task I've been given "explain why delay is seen as an important factor in judicial review cases and explain the current law, noting and commenting on how it has changed from the previous position." I've done the latter part but I'm just really struggling to talk about the importance and find cases to back up my argument. I've been searching for hours and I'm about to lose my mind!!

Reply 5

999tigger

Is this A level?

Sorry I am not aux fait with JR and dont feel the need to learn.

As you are the one who is studying it then it might mean delay by the government and the impact that has on proceedings as in too slow to respond, meaning they are too late by the time of the review because someone could have been deported or events could have happened that are irreversible?

It could also mean delay as in missing deadlines which means you could lose your right to review.

https://www.google.com/search?client=firefox-b-d&sxsrf=ALeKk00N3Hfrdf1SBOQIP5PzLM0eRFTBxg%3A1582850144652&ei=YGBYXsSqJ9HS1fAPmaSHkAY&q=delay+in+judicial+review+uk&oq=delay+in+judicial+review+uk&gs_l=psy-ab.3...12046.12046..13067...0.2..0.91.91.1......0....1..gws-wiz.......0i71.d77QwLyPRGQ&ved=0ahUKEwjE2uqkgPPnAhVRaRUIHRnSAWIQ4dUDCAo&uact=5

Once you understand which sort of delay it is then you can read a few of the solicitors and chambers articles which talk about delay and explain its impact. Not an adequate replacement for real timely research, but will get you some case names and explanations. Also your textbook and library research.