R (on the application of Bilal Mahmood) v Secretary of State for the Home Department (continuing duty to reassess) IJR [2014] UKUT 00439 (IAC)
Headnote:
(1) The lodgement of permission and/or interim relief papers in a judicial review application is a beginning, not an end.
(2) If an application for permission is overtaken by supervening events or is otherwise rendered moot, there is a duty on the Applicant’s solicitors to take appropriate and immediate action. This will include proactively communicating with this Chamber and the Respondent’s representatives.
(3) From the inception of the proceedings and in particular following receipt of the Respondent’s Acknowledgement of Service, there is a duty on every Applicant’s legal representatives to conscientiously reassess the viability and propriety of their client’s application for judicial review and to consider whether any further procedural step is required. If the Acknowledgement of Service renders the challenge unsustainable, appropriate withdrawal steps must be initiated promptly.
(4) Unjustifiable delays in the finalising and execution of proposed consent orders and lack of communication with the Upper Tribunal in this context are unacceptable.
- Document Date
- 2014-10-05
- Issue Number
- 14.10.30197