Chawda, R (on the application of) v University Of Portsmouth

Judicial review is a supervisory remedy that must be invoked speedily. The usual three-month time limit may be extended for good reason, but a delay of more than six years in challenging an academic decision was far too long. Permission should also be refused where the applicant identifies no true legal error capable of founding a successful challenge.

Mr Chawda began a Pharmacy degree course at the University of Portsmouth in 1990. After failing the third-year examination at his second attempt, he was required to withdraw. Professor Blunden, as chairman of the Board of Examiners, later refused permission for a third attempt. Mr Chawda applied for judicial review in April 2001. Permission was refused by Silber J on the papers and by Collins J on a renewed oral application on 7 September 2001. He then applied to the Court of Appeal for an extension of time and permission to appeal. The central issues were whether he had identified an arguable legal error and whether the substantial delay could be justified.

The Court of Appeal, in the judgment of Lord Justice Simon Brown, refused the application.

1. No arguable legal error. The applicant had failed to identify any true legal error in the University’s decision refusing him a third attempt at the third-year course. There was no realistic prospect that an appeal could succeed.
2. Delay. The court’s supervisory jurisdiction was subject to a three-month time limit, although that period could be extended for good reason. The challenged decision had been taken more than six years earlier. The application for judicial review had therefore been brought far too late, and the lapse of time made refusal of permission well-nigh inevitable.
3. Disposition. Collins J had been clearly right to refuse permission. The Court of Appeal could properly do nothing in respect of the historic decision. The application was dismissed and the order was: application refused.

• Court of Appeal (Civil Division) — In [2002] EWCA Civ 72, the application for an extension of time and permission to appeal was refused.
• High Court, Administrative Court — Collins J refused permission on the renewed oral application on 7 September 2001. Silber J had earlier refused permission on the papers in June 2001.