In R (on the application of Macrae) v Herefordshire District Council, David Elvin QC sitting in the Administrative Court considered a case where the claimant applied for permission to apply for judicial review of the grant by the defendant local authority of planning permission to build a dwelling in a rural area.
The claimant had issued his claim two days before the end of the three-month time limit under CPR r.54.5. The issue was whether the requirement to issue the claim promptly under the CPR as well as within the three-month time limit, remained applicable despite the European Union decision in the Uniplex case (C-406/08) (2010) that time limits had to be certain.
It was found that EU law was only relevant in cases with an EU context. The instant claim did not raise an issue of EU law, so the claimant had to show that he had issued his claim promptly, in accordance with long-standing domestic authority. The provisions relied upon by the claimant were designed to explain the scope of EU law and were not directly effective.
The claimant's application was refused.