R v Stratford-upon-Avon District Council ex parte Jackson [1985]

The failure to make an application for leave to apply for judicial review promptly and in any event within three months constitutes undue delay that might result in the refusal of judicial review notwithstanding that there is good reason for the delay and that leave to apply out of time is granted.

On August 30, 1984, the DC resolved to grant planning permission for a supermarket. J applied for leave to apply for judicial review of the resolution on May 10, 1985. The delay in applying for leave was caused first, by an attempt to have the Secretary of State for the Environment call the matter in, secondly by difficulties in obtaining the grant of a legal aid certificate…