# Judicial review: the permission stage explained

> **Key takeaway:** Permission required before judicial review proceeds (Senior Courts Act 1981, s.31(3)) — claimant must show sufficient interest, avoid undue delay (s.31(6)), and comply with CPR Part 54/PD54A's disclosure and inquiry requirements.

- **Jurisdiction:** England & Wales
- **Practice area:** Public Law
- **Last reviewed:** 2026-07-21
- **Interactive page:** https://kttclegal.info/library/notes/PublicLaw/judicial-review-permission-stage
- **Keywords:** judicial review, permission stage, Senior Courts Act 1981, s.31, CPR Part 54, sufficient interest

## What is this about?

Before a judicial review claim can proceed to a substantive hearing, the claimant must obtain the court's permission. This filtering stage screens out unarguable, premature, or out-of-time claims before the more resource-intensive substantive stage.

## What is the core rule?

Senior Courts Act 1981, s.31(3) requires the claimant to obtain the High Court's permission before an application for judicial review can proceed, and the court will not grant permission unless satisfied the claimant has 'sufficient interest' in the matter. CPR Part 54 and its accompanying Practice Direction 54A govern the procedure: the claim form must set out all material facts, and the claimant must make proper inquiries to ensure relevant facts are known before seeking permission. Section 31(6) separately allows the court to refuse relief, including at the permission stage, where there has been undue delay.

## What are the elements or test?

1. Does the claimant have 'sufficient interest' in the matter, per s.31(3)?
2. Has the claim form set out all material facts, per CPR PD54A?
3. Has the claimant made proper and necessary inquiries before seeking permission?
4. Has the claim been brought without undue delay, per s.31(6)?
5. Is there an available alternative remedy that should be exhausted first?

## Which authorities matter?

- **Senior Courts Act 1981, s.31** — s.31(3): permission requirement and sufficient interest test. s.31(6): undue delay. s.31(1)/(2)/(4): remedies available on judicial review (quashing, prohibiting, and mandatory orders; declarations; injunctions; and damages in limited circumstances).
- **CPR Part 54 and Practice Direction 54A** — Procedural requirements for the claim form and acknowledgment of service at the permission stage.

## How does this apply in practice?

The permission stage is a genuine filter, not a formality — claimants should expect scrutiny of standing, delay, and the availability of alternative remedies at this point, not only at a substantive hearing. The claim form itself carries a duty of candour: all material facts, not just those favourable to the claimant, must be set out.

## What are common pitfalls?

- Treating permission as a rubber-stamp stage rather than a genuine filter on standing, delay, and arguability
- Failing to identify and address an available alternative remedy before applying for judicial review
- Omitting material facts unfavourable to the claim from the claim form, contrary to the duty of candour

## When would a practitioner use this?

Relevant when preparing or assessing a judicial review claim form, or advising on whether a prospective claimant is likely to satisfy the permission stage before committing to the substantive process.

## Quick reference

Permission required before judicial review proceeds (Senior Courts Act 1981, s.31(3)) — claimant must show sufficient interest, avoid undue delay (s.31(6)), and comply with CPR Part 54/PD54A's disclosure and inquiry requirements.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*