Judicial review time limits: promptly and within three months
On 2 March 2026 a local council revoked Bilal's street-trading licence. The decision has nothing to do with planning. Bilal instructs a solicitor in late May 2026. He has a letter from the council's legal department saying that the council 'will not take any point on delay' provided any judicial review claim is filed by 31 July 2026.
Which of the following best describes the time limit for Bilal's claim for judicial review?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: The claim must be filed promptly and in any event within three months after the grounds first arose; the council's letter cannot extend that time.
THE RULE TO REMEMBER
A judicial review claim must be filed promptly and within three months of the grounds arising, and the parties cannot extend this by agreement.
Judicial review time limits: promptly and within three months
CPR 54.5(1) requires a judicial review claim form to be filed promptly and in any event not later than three months after the grounds to make the claim first arose. CPR 54.5(2) provides that these time limits may not be extended by agreement between the parties. Bilal should therefore file without delay and in any event by early June 2026; only the court can extend time.
Why A is wrong: There is no general six-month period for judicial review.
Why B is wrong: CPR 54.5(2) expressly prevents the parties extending time by agreement.
Why C is wrong: The six-week limit in CPR 54.5(5) applies to decisions under the planning Acts, which this is not.
Why D is wrong: The duty to act promptly is separate from the three-month long-stop, so a claim filed within three months can still be refused for lack of promptness.
That's today's practice done. Another featured question tomorrow.
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