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Stuart J
Stuart J, Solicitor
Category: European Law
Satisfied Customers: 22845
Experience:  Senior Partner at Berkson Wallace
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Who decides in which court a judicial review is going to

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Who decides in which court a judicial review is going to take place?

When you ask which court, are you talking about which jurisdiction/area of law court or geographically?

Stuart J and other European Law Specialists are ready to help you
Customer: replied 12 days ago.
Geographically.
Customer: replied 12 days ago.
The Admin of the High Court returned the sealed copy of the Jr with a notice saying that the defendants can choose in which one they would appear.
Customer: replied 12 days ago.
And asked me to serve it.
Customer: replied 12 days ago.
There are six defendants, if each one asks a different place and date it will be impossible
Customer: replied 12 days ago.
I asked that if permission is granted the hearings take place only in London. Do not I have the right for that?

The very limited number of courts which are judicial review. London Birmingham Cardiff Leeds and Manchester. You would normally apply to your closest court which is the one chosen by the applicant although any defendant, depending on the nature of the defendant may ask for it to be at the local court. It’s unlikely to happen. There is a dispute over which it is, then the court will make a decision which could be arbitrary. By all means ask

 

https://www.gov.uk/courts-tribunals/administrative-court

Customer: replied 12 days ago.
I wrote to them and explained. I hope they will find my request sensible.

They will certainly consider making it central;

Customer: replied 12 days ago.
Thank you

Glad to help.

Customer: replied 5 days ago.
Good morning
Could you please explain what is the benefit of acknowledgment of service (with summary grounds) from the defendants?

I would need to see the document please.

They finally acknowledgement of service to avoid getting default judgement and “summary grounds” would normally be a very brief defence for the same reason.

It would help if I saw the document.

Customer: replied 5 days ago.
How?

You can attach the document using the paperclip on the reply document.

sorry, reply box

 

Customer: replied 5 days ago.
I cannot make the document public sorry. I will copy the phrases I do not understand
Customer: replied 5 days ago.
Case management directions
Customer: replied 5 days ago.
Any Acknowledgment of Service from the defendant and any interested party must be filed and served within 21 days.

No problem. Fully understand privacy issue.

 

However I’m not certain how your latest post at 02 38 hours fits in with your question about acknowledgement of service with summary grounds.

Customer: replied 5 days ago.
Can you please answer this question?
Customer: replied 3 days ago.
I have now found out what the Acknowledgement of service is.
Customer: replied 3 days ago.
If I understand correctly the defendants are obliged to provide it to the court within a certain period of time and serve it to the claimant. Is that correct please?
Customer: replied 3 days ago.
What will happen if a defendant dies not provide it ?

The acknowledgement of service must be provided to the court within 14 days of the issue of proceedings.

There must be a defence with a further 14 days.

If these are not received, the court will usually, its own volition, issued default judgement against the defendant

Customer: replied 2 days ago.
Who asks the defendants to give the Acknowledgement of notice please?
The Court?

When the proceedings are issued, there is an acknowledgement pack goes with them. The defendant therefore returns the acknowledgement.

The defendant is expected to read the paperwork and deal with it according to the instructions.

Customer: replied 2 days ago.
The claimant is obliged to serve the sealed jr application withing 7days of its receipt.
Then the defendant is automatically obliged to provide the Acknowledgement of service? Or has to be asked and from whom. This is what I do not know.

Proceedings have to be acknowledged within 14 days. The acknowledgement of service goes out with the proceedings issued by the court. The defendant then has to return it.

Customer: replied 2 days ago.
Sorry as you understand I am not familiar with the proceedings. If I understand correctly once the application is received by the court it then writes itself to the defendants and asks for the Acknowledgement of service. And the defendants are obliged to provide it to the Court within 14 days.

Correct

Customer: replied 2 days ago.
The Court as you read before wrote that it wants the Acknowledgements of service within 21 days. So the defendants are obliged to provide them and if they do not it is their fault and not the claimants. Correct?
Customer: replied 2 days ago.
But why did they ask for the application forms to be resubmitted?
Customer: replied 2 days ago.
And since they did that I can amend the grounds if I want can't I?
Customer: replied 2 days ago.
Would you like to check them before I send them?
Customer: replied 2 days ago.
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