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Judicial Review: Procedure Guide
spacer Introduction
  First Steps
  Permission
  Urgent Cases
  Permission refused
  Permission Granted
  Final hearing
  End of case
Judicial Review: Advisers' Checklist
Case studies



Judicial Review: Procedure Guide
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5. What happens next if 'permission' is granted?

If permission is granted steps are then taken to prepare the case for trial.

The normal steps are:

1. The opponent has five weeks to provide a full explanation of its reasons for opposing the case, together with any witness statements it wants to rely on at the trial and details of any relevant documents. When doing this the opponent must provide all the relevant information about the background to the case even if this information is unhelpful to their case.

2. If there are any documents or any further witness statements you want to rely on in light of the further information provided by the opponent, we will prepare these and submit them to the court and the opponent.

3. We then prepare a ‘bundle’ of all the documents about the court case and submit this to the court and the opponent.

4. We then arrange for a specialist barrister to represent you at the trial. The barrister will prepare a written summary of the legal arguments. This written summary is called a ‘Skeleton Argument’. It is usually prepared three weeks before the trial and is provided to the court and to the opponent.

5. The opponent’s barrister then has one week to provide us with his or her Skeleton Argument. This is submitted to court and to us.

In some cases the judge will request that additional steps are taken to prepare the case for the trial.

For example, if we think that the opponent has failed to provide all the relevant background information we may apply for a court order compelling the opponent to do so.

In urgent cases all the steps set out above will happen more quickly.

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