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Form 86A
To obtain leave, you must file with the High Court Registry a notice of application for leave (Form 86A). A filing fee is payable. You must include in the notice:
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your name and description;
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the name and address of the respondent;
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the date and a description of the decision or act of the respondent that you seek to challenge;
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the relief you seek, including any interim relief;
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the grounds on which your application is based; and
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if there is delay in seeking judicial review, the reasons for the delay.
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A copy of Form 86A and the Notes for Guidance note are in Appendix I.
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Supporting affidavit
You also have to file with the High Court Registry an affidavit verifying the facts you rely upon in support of your leave application. You should exhibit in the affidavit the documents that are relevant to your application. If the documents are more than 10 pages, you should prepare a list showing the pages that are relevant or relied on by you.
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Determination
Application for leave is made ex parte. It is determined by a judge of the Court of First Instance of the High Court on consideration of the papers filed. There will be no oral hearing unless a hearing is requested in the notice of application or if the judge directs otherwise.
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On consideration of the papers, the judge may either grant leave to apply for judicial review or may refuse leave. The judge may also direct the named respondent to attend court and to make representations on the leave application if he considers that it is not possible to decide the leave application on paper or without also hearing the respondent.
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No matter what order the judge makes on your leave application, it will be communicated to you or your solicitors, if you are legally represented.
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Challenging the grant or refusal of leave
If leave is refused, you may appeal against the refusal to the Court of Appeal of the High Court within 10 days after the order of refusal is made. If leave is granted on your application, the respondent may apply to the judge to set aside the leave.
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Notice of Motion
When leave to apply for judicial review is granted, you should proceed to make you application for judicial review by filing with the High Court Registry a Notice of Motion. The Notice of Motion must be filed within 14 days after leave is given. A copy of Notice of Motion is in Appendix II
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Service
The Notice of Motion must be served on all parties directly affected by the application for judicial review. The Notice of Motion should be served together with the notice of application for leave (Form 86A) and the affidavit in support of the application for leave.
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Service must be effected promptly. There should be at least 10 days between the date of service and the date of the hearing of the application for judicial review.
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The person who effects service must make an affidavit setting out the names of all parties that have been served with the Notice of Motion, and also the date(s), place(s) and manner of such service. The affidavit of service must be filed before the hearing of the application for judicial review.
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Affidavit
The respondent may file affidavit in reply to the application for judicial review.The respondent's affidavit should be filed within 56 days from being served with the Notice of Motion, unless the court has directed otherwise.
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If an applicant wishes to rely on further affidavit, he must seek permission from the court at the hearing of the application for judicial review. He must also give prior notice to every other party of his intention to do so.
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Date of hearing
The court will either fix a date for hearing the application for judicial review or notify the parties to go before the listing officer to fix a date for the hearing.A notice of hearing, setting out the date, time and place for the hearing, will be issued by the court and sent to the parties.
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Mode of hearing
The hearing of the application for judicial review is conducted in open court. Generally, the judge will determine the application on the basis of the affidavit evidence and there will not be any cross-examination of witnesses. In rare cases where there is a conflict of the relevant evidence, the court may direct for cross-examination of witnesses.
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Judgment
At the conclusion of the hearing, the judge may deliver his judgment or he may reserve his judgment and hand it down on a date to be notified to the parties.
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Appeal
Appeal against the grant or refusal of judicial review must be brought in the Court of Appeal within 28 days after the judgment was made.
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Steps in commencing a judicial review
1.Complete the application form (and read the guidelines).
2.Complete the affirmation/affidavit form and swear/affirm at the Oaths and Declarations Office on LG1 Floor of the High Court(The application form cannot be filed without an affirmation/affidavit).
3.Pay $1,045 as the filing fee to the Accounts Office on LG2 Floor of the High Court.
4.Get a case serial number at the High Court Registry on LG1 Floor of the High Court.
5.Go to the Clerk of Court's Office (Room G32, G/F, High Court) for documentation.
6.Return to LG1 Floor of the High Court to file in the application form (after xeroxing a copy for own use).
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