The Civil Procedure Rules 1998

[F1 Time limit for filing claim form E+W

54.5— [F2 (A1) In this rule—

“the planning acts” has the same meaning as in section 336 of the Town and Country Planning Act 1990;

[F3 “decision governed by the Public Contracts Regulations 2015” means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and]

“economic operator” has the same meaning as in [F4 regulation 2(1) of the Public Contracts Regulations 2015].]

(1) The claim form must be filed—

(a) promptly; and

(b) in any event not later than 3 months after the grounds to make the claim first arose.

(2) The time [F5 limits] in this rule may not be extended by agreement between the parties.

(3) This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.

[F6 (4) Paragraph (1) does not apply in the cases specified in paragraphs [F7 (5), (6) and (7)].

(5) Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose.

(6) Where the application for judicial review relates to a decision governed by [F8 the Public Contracts Regulations 2015], the claim form must be filed within the time within which an economic operator would have been required by [F9 regulation 92(2)] of those Regulations (and disregarding the rest of that regulation) to start any proceedings under those Regulations in respect of that decision.]

[F10 (7) Where the application for judicial review is in respect of a failure by a competent authority to comply with the Public Service Obligations in Transport Regulations 2023 in deciding to enter into a public services contract or make a general rule, the claim form must be filed within the applicable time period specified in regulation 24(1) of those Regulations.]]

Textual Amendments

F1 Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)

F2 Rule 54.5(A1) inserted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(a)(i) (with rule 5)

F3 Words in rule 54.5(A1) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 11(2)(a)

F4 Words in rule 54.5(A1) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 11(2)(b)

F5 Word in rule 54(2) substituted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(a)(ii) (with rule 5)

F6 Rule 54(4)-(6) inserted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(a)(iii) (with rule 5)

F7 Words in rule 54.5(4) substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 10(2)(a)

F8 Words in rule 54.5(6) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 11(3)(a)

F9 Words in rule 54.5(6) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 11

F10 Rule 54.5(7) inserted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 10(2)(b)