FINAL BLOW TO PROMPTITUDE

The Administrative Court has accepted that, following Uniplex,  Claimants seeking permission to apply for judicial review no longer have to satisfy an independent test of ‘promptitude' under CPR r.54.5 where their claim involves the enforcement of European Union Directives. The requirement in such cases is simply that claims be brought within 3 months of the relevant decision. It so held, following argument by Buglife, in R(ota Buglife) v Medway Council & National Grid & Natural England. [2011] EWHC 746 (Admin). Previously the courts had been inclined to say that the principle of Uniplex was confined to procurement cases and did not apply to environmental legislation deriving from the European Union.

Robert McCracken QC and Rebecca Clutten represented Buglife