Judicial Review Civil

[agrigento]

Hi, Just joined and of course a question. In principal can an applicant apply for a Judicial Review being resident overseas based on "sufficient Interest"

[atticus]

In principle, yes. The devil is of course in the detail. Please be aware of the short and strict time limits for applying for Judicial Review.

Are you by any chance in Sicily?

[agrigento]

In principle, yes. The devil is of course in the detail. Please be aware of the short and strict time limits for applying for Judicial Review.

Are you by any chance in Sicily?

Si. RCJ Admin Office confirm application cannot be accepted as I am not resident in the UK without rejection of the action based on no merit. Bundle of documents returned. Molto difficile !!

[atticus]

Did that happen before or after your first post and my reply? Have you asked them on what authority they have rejected your application on those grounds? Are you sure that it is not that you have not given an address for service in the UK?

[agrigento]

Thks for your interest reason given " for any claim to be filed in our court the claimant must reside in the UK" I confirm that as part of the application bundle were two draft orders seeking court permission to serve and receive all court documents by email and separately for the court to accept the claimant's address on the application as residing outside the courts jurisdiction

[atticus]

Hmmm.... I still think that they meant to say that you needed to have an address for service in the jurisdiction.

[agrigento]

Could well be but i believe a judge can give permission for service out of jurisdiction under civil procedure rules and the draft orders requested this.

[atticus]

That is service on the other party, the defendant, if you are bringing a claim against someone who is not in the UK. Who or what body do you want to sue in a judicial review claim that is not in the UK?

My point is that the claimant has to have a service address in the UK.

Consider engaging lawyers in the UK.

[agrigento]

I am sincerely grateful for your kindness and access to your knowledge base. A best case scenario would be to use a UK solicitor as a service address. In this instance the economics preclude this option. I have unsuccessfully referred to the practice rules to locate the clause which disqualifies claimants from detailing an overseas service address. This is seen as my lack of experience not a reflection on the point you make. As a applicant seeking full relief from costs and additionally as this is a public interest case protection from possible defendants costs I was seeking a resolution through a mandatory order to undertake a process which under statute I qualify to apply but in reality is unavailable. Realistically I may have to accept I cannot obtain the protection of the court in this matter. You would understand being disadvantaged does not necessarily mean you are entitled to finding a perfect solution. However if there could be a mitigating factor in that I live an Italian life and for that I am blessed.