Croke v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2484 (Admin) (11 October 2016)
The High Court decision of Croke v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2484 (Admin) (11 October 2016) highlights the strict deadlines for filing applications for judicial and statutory reviews, and the practical risks of leaving it to the last minute.
The case concerned an intended judicial review of an inspector's decision to dismiss an appeal following non-determination of a planning application by Aylesbury Vale District Council.
The time limit for bringing a claim for judicial review of a planning decision is six weeks from the date of the decision notice.
In the present case this meant that the deadline for filing the claim was 23 March 2016. The claim was filed 6 days later, on 29 March 2016. The Claimant had been aware of the deadline for filling, and had every intention of attending Court on that day to file the claim, but failed to do so due to a number of unfortunate series of events.
The problems started for the Claimant when he missed his planned train from Haddenham to London on the deadline day of Wednesday 23 March. The Claimant was aware that it was the last day for filing and that he would not now make it to the Court by the time the Court offices closed at 4.30pm. Accordingly, he emailed the documents to a Mr Miller, who was just a few minutes from the Court, and he asked him to attend to the filing. Unfortunately, Mr Miller arrived at the Court at 4.25pm and was then refused entry by the Court's security guards who told him that entry to the Court counters was closed.
Unperturbed, the Claimant attended the Court the next day 3.30pm. Whilst allowed entry this time, there was a long queue and he was not seen until 5pm. Unfortunately, once he reached the front of the queue he was told by the Court's staff that he had used the wrong claim form, and was given the correct form to complete. Due to it now being past 5pm, he was further told he would need to return the next working day. Further compounding the Claimant's troubles, the next day was Good Friday and so the next working day was not until Tuesday 29 March.
Not to be discouraged, or at at least with pious hope, the claim in the correct form was finally filed on the next working day.
In considering whether permission should be granted for the judicial review, the first issue for the Court was whether the claim was made out of time and must therefore fail. The Claimant sought to argue that the Court office, even though it was open, it was not accessible and so not functioning. He argues that where the Court office is inaccessible, the time limit should "carry over" to the next day.
The Secretary of State argues that the six week time limit was absolute and could not be extended by the Court, emphasising the need for legal certainty and stating that the approach of asking whether the Court office was accessible was not supported by authority. Her Honour Judge Robinson agreed, stating that this approach "provides no certainty at all, either as to the nature of the event sufficient to bring this principle into play, or to third parties who may be affected." She further said that this approach is "without precedent and likely to cause confusion". She added that it could not have been the intention of Parliament to allow a litigant in these circumstances to file a claim the next day.
As this was not a case where the Court offices were closed that day (i.e. such as on bank holidays and weekends), nor where the Claimant or Mr Miller had been prevented from attending the Court office by any action on the part of the Court itself (during its opening hours), she dismissed the claim as being out of time.
Lesson: In any claim which is subject to strict time limits, you should make certain of the time deadline for filing with Court and the correct forms. Preferably don't leave it until the last day to file. If you must leave it to the last day then arrive at the Court office in plenty of time and allow extra time for transport delays, long queues and Court security.
