Practice Directions

The Administrative Court

On 21st March 2000, Sir Jeffery Bowman as Chairman of the Review of the Crown Office List reported to the Lord Chancellor. One of the recommendations of the review was:

"There is a continuing need for a specialist court as part of the High Court to deal with public and administrative law cases. To emphasise that this is the principal work of the Crown Office List, it should be renamed 'The Administrative Court'."

A further recommendation was that from among the High Court Judges nominated to hear cases from the Crown Office List there should be appointed a lead nominated judge with overall responsibility for the speed, efficiency and economy with which the work of the Crown Office List is conducted. The Lord Chancellor has accepted both these recommendations.

The Practice Direction to be issued together with the new rules for judicial review which are intended to come into force at the same time as the Human Rights Act 1998 on 2nd October 2000 will deal in detail with the new procedure. In particular, the new rules will provide that an order for mandamus should be known as a mandatory order, an order for prohibition should be known as a prohibiting order and an order of certiorari should be known as a quashing order.

From the coming into force of the new rules, the Crown Office List will be known as the Administrative Court and references to the Crown Office List, wherever they appear, should be construed accordingly. Cases which previously would have been heard in the Crown Office List will be heard in the Administrative Court. The nominated judge who will initially act as lead judge is the Hon Mr Justice Scott Baker.

The office previously known as the Crown Office, which was responsible for managing the Crown Office List, will from the same date be known as the Administrative Court Office and any references to that office should also be construed accordingly.

Proceedings which would have previously been issued in the Crown Office should, from the coming into force of the new rules, refer in their heading to the Administrative Court. The parties to an application for judicial review should be described in the proceedings as being:

"The Queen on the application of (name of applicant) – Claimant, versus, the public body against whom the proceedings are brought – Defendant".

This Practice Direction does not affect the jurisdiction of the Court to make the orders referred to above, which are the successors of the prerogative writs, and the Administrative Court shall exercise all the powers which were previously exercised in relation to cases in the Crown Office list.

This Practice Direction is issued with the agreement of the Lord Chancellor.

The Lord Chief Justice of England and Wales
19th day of July 2000

(handed down on the 20th day of July 2000)