Consultation Response: Time Limits for Judicial Review

​The Department of Justice launched a 12 week public consultation in June 2015 on a proposal to change the time limits for bringing a judicial review. The consultation document details the Department’s proposal that there should be no requirement to bring judicial review proceedings promptly in any case and that all proceedings should be required to be brought within three months of the date of the reviewed decision.

The DOJ considers that this change would ensure continued compliance with obligations arising from EU law following a decision by the Court of Justice of the European Union in 2010 (Uniplex (United Kingdom) Ltd v NHS Business Services Authority C–406/08) [2010] PTSR 1377) which found that the requirement to bring an application for review ‘promptly’ is insufficiently certain and incompatible with the EU principles of certainty and effectiveness.

The Bar Council’s response to the consultation was submitted to the Department in September 2015 and can be read in full here. It highlights that the time limits required in judicial reviews that raise domestic grounds of challenge currently differ from those that raise EU grounds thereby creating a ‘two-track system’ which is difficult to interpret consistently, creates unnecessary uncertainty for potential applicants and could impede access to justice. The Bar welcomes the Department’s move to provide a clear and transparent time frame for the bringing of judicial review proceedings in Northern Ireland.

The DOJ published a post consultation report in December 2015 which showed a general consensus amongst respondents that it would be appropriate to remove the requirement to bring a judicial review promptly. The matter will be referred to the Executive for consideration before it is considered by the Court of Judicature Rules Committee. The full report can be read here.