Full text of this document
AC-2025-LON-004656
In the High Court of Justice King’s Bench Division Planning Court In the matter of an application for judicial review
THE KING
on the application of
CHRIST’S LANE ACTION GROUP Claimant -and-
CAMBRIDGE CITY COUNCIL Defendant -and-
THE MASTER, FELLOWS, AND SCHOLARS OF CHRIST’S COLLEGE Interested Party
Notification of Judge’s Decision (CPR 54.11, 54.12)
Following consideration of the documents filed by the Claimant, the Defendant’s and Interested Party’s Acknowledgement of Service and Summary Grounds of Defence and the Claimant's Reply
ORDER BY THE HON. MR JUSTICE KIMBLIN
1. Permission to apply for judicial review: Permission is granted on all grounds.
2. Expedition: The application for expedition is refused.
3. Costs cap: The Claimant’s exposure to adverse costs orders shall be limited to £10,000 inc VAT, with a reciprocal cap of £35,000 inc VAT (i.e. the potential costs liability of the Defendant to the Claimant).
4. Case Management Directions:
(a) The Defendant and any other party which intends appear at the substantive hearing must, within 35 days of the date of service of this Order, file and serve (i) Detailed Grounds for contesting the claim or supporting it on additional grounds and (ii) any written evidence to be relied on.
Form JR 1. Judicial Review. Permission Granted. Version January 2025
(b) The Parties may comply with sub-paragraph (a)(i) above by filing and serving a document which states that its Summary Grounds are to stand as the Detailed Grounds required by CPR 54.14.
(c) If the Interested Party wishes to rely upon the witness statement of Mr Parsons, or a revised version of it, at the hearing it must file an application with its Detailed Grounds which explains why each part of that evidence is relevant to the legal issues which the court is to determine.
(d) Any application by the Claimant to serve evidence in reply must be filed and served, together with a copy of that evidence, within 21 days of the date on which the Defendant serves evidence pursuant to (a) above.
(e) The parties must agree the contents of a Core Hearing Bundle and a Supplementary Bundle.
(f) An electronic version of the bundles must be prepared and lodged, in accordance with the Administrative Court Judicial Review Guide Chapter 21 and the Guidance on the Administrative Court website, not less than 28 days before the date of the substantive hearing. The parties must, if requested by the Court, lodge 2 hard-copy versions of the hearing bundle.
(g) The Claimant must file and serve a Skeleton Argument (maximum 20 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 21 days before the date of the substantive hearing.
(h) The Defendant and any other party wishing to appear must file and serve a Skeleton Argument (maximum 20 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 14 days before the date of the substantive hearing.
(i) The parties must agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle must be prepared in accordance with the Guidance on the Administrative Court website. The parties must, if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, must be lodged with the Court not less than 7 days before the date of the substantive hearing.
(j) The time estimate for the substantive hearing is 1 day. If either party considers that this time estimate should be varied, they must inform the court as soon as possible.
Form JR 1. Judicial Review. Permission Granted. Version January 2025
OBSERVATIONS AND REASONS
(1) The Claimant raises important issues about the decision making in this case which had a bearing on key planning considerations which informed the grant of consent. I consider that they are strongly arguable and merit consideration at a full hearing.
(2) Mr Parson’s witness statement appears to me to be solely directed to expedition. If it is intended to rely upon it at the hearing, then I would be concerned that it argues the planning merits. I have directed that an application be made to rely upon it, which application will be decided at the hearing.
(3) Judicial review of planning cases benefits from an expedited timetable by reason of CPR PD54D. In respect of planning judicial reviews (cf statutory reviews) paragraph 3e of the PD states “judicial reviews are to be heard within ten weeks of the expiry of the period for the submission of detailed grounds by the defendant or any other party as provided in Rule 54.14.”. In that context it will only rarely be appropriate to grant expedition and thus to make other litigants wait longer than they otherwise would. I have read and note the contents of Mr Parson’s witness statement as to expedition. However, the College chose to enter contracts before the permission was legally secure. That was a risk which it chose to take. The College has been educating students since 1505. If it takes some additional time to review the legality of the consent, that is something which the College will manage.
(4) I have directed provision of core and supplementary bundles. This case turns on a relatively small number of key documents. They are the candidates for the core bundle. Counsel should give careful thought to the content and ordering of those materials.
(5) If (4) is complied with, there is no reason why this case should not be fully argued in 1 day before an experienced judge of the Planning Court.
(6) I consider that costs protection is appropriate in this case, at the levels in the draft order. The financial information is adequate.
This case is NOT suitable for hearing by a Deputy High Court Judge
Signed: MR JUSTICE KIMBLIN Date: 6th March 2026
Form JR 1. Judicial Review. Permission Granted. Version January 2025
The date of service of this order is calculated from the date in the section below
For completion by the Administrative Court Office
Date: 09/03/2026
Notes for the Claimant
To continue the proceedings, a fee is payable.
For details of the current fee please refer to the Administrative Court fees table at https://www.gov.uk/court-fees-what-they-are.
Failure to pay the fee or submit a certified application for fee remission may result in the claim being struck out.
The form to make an application for remission of a court fee can be obtained at https://www.gov.uk/get-help-with-court-fees
You are reminded of your obligation to reconsider the merits of your claim on receipt of the Defendant’s evidence.
Form JR 1. Judicial Review. Permission Granted. Version January 2025