ETM Contractors Limited, R (on the application of) v Bristol City Council
[2024] EWHC 2263 (Admin)
Suzanne Merrills, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities
24 May 2024
[2024] EWHC 1219 (Admin)
High Court
A lawyer missed a deadline to file court papers properly. Even though there were court delays, the judge said the lawyer should have done more to get the papers filed on time. The case was thrown out.
Key Facts
- •Late service of a sealed claim form in a statutory challenge under section 288 of the Town and Country Planning Act 1990.
- •Claimant filed the claim form electronically on 14 June 2023, with the deadline being midnight on 15 June 2023.
- •Sealed claim form served on 21 June 2023.
- •Claimant applied for an extension of time for service.
- •Defendant and second interested party (developer) applied for a declaration that the court lacked jurisdiction.
- •Court delays in issuing the sealed claim form contributed to the late service.
Legal Principles
Challenges under section 288 of the Town and Country Planning Act 1990 must be filed and served within a 6-week period.
Section 288, Town and Country Planning Act 1990; PD 54D, paragraph 4.11
CPR r.3.1(2)(a) allows the court to extend time for service of a claim form.
CPR r.3.1(2)(a)
On an application to extend time for service of a judicial review claim form, the principles of CPR 7.6 should be followed. Time should not be extended unless the claimant took all reasonable steps to comply but was unable to do so.
R (Good Law Project) v Secretary of State for Health and Social Care [2022] EWCA Civ. 355; CPR 7.6
In Section 288 challenges, both filing and service must occur within the six-week period. The court emphasizes the importance of timely service.
Halton Borough Council v SSLUHC [2023] EWHC 293; Telford and Wrekin Council v SSLUHC [2023] EWHC 2439
CPR Part 11 allows a party to apply for a declaration that the court has no jurisdiction.
CPR Part 11
Outcomes
Claimant's application for an extension of time for service was refused.
The Claimant failed to take all reasonable steps to serve a sealed claim form on time and did not make a prompt application for an extension. The court highlighted the Claimant's legal representatives' failure to emphasize the urgency of obtaining a sealed claim form to the court.
Defendant and IP2's applications for a declaration that the court lacked jurisdiction were granted.
The Claimant did not effect valid service of the claim form before the deadline, and the application for an extension was refused.
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