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New suite of Judicial Review Practice Directions issued

The Civil Procedure Rules 131st Practice Direction Update includes a suite of Practice Directions supplementing CPR Part 54 (Judicial Review) which have been revised in consequence of developments in caselaw and practice. The Practice Directions come into force on 31 May 2021.

CPR Part 54 is supplemented by four PDs (54A, 54C, 54D and 54E (PD 54B having previously been revoked)). The amendments provide for the addition of a new Practice Direction 54B to make provision in relation to urgent cases, and the revocation of PD 54C (which is now obsolete), with consequential renumbering of Practice Directions 54D and 54E as 54C and 54D, together with some modernisation and "tidying up" of drafting in what become 54C and 54D.  The main changes lie in a recasting of PD54A, prompted by concerns expressed by the Court of Appeal in a number of cases (most recently, R (Dolan and others) v Secretary of State for Health and Social Care [2020] EWCA Civ 1605, in particular at §§116 – 121) that pleadings and Skeleton Arguments in public law cases have become too lengthy and too complex.

A revised suite of Judicial Review forms in consequence of the reformed PDs supplementing CPR Part 54 will be published online (gov.uk) in due course.

For the new Practice Directions, click here.

9/5/21