header-logo header-logo

10 February 2022
Issue: 7966 / Categories: Legal News , Judicial review
printer mail-detail

Concerned peers query judicial review plans

Peers have raised objections to government plans for prospective-only quashing orders and the removal of Cart appeals, during the second reading of the Judicial Review and Courts Bill

In the debate, this week, justice minister Lord Wolfson said suspended quashing orders (cl 1) gave judges ‘new tools’ while it was ‘appropriate’ to end Cart reviews of permission to appeal decisions (cl 2). However, shadow justice minister Lord Ponsonby warned the government may use the removal of Cart ‘as a precedent to abolish other types of judicial review’.

On prospective quashing orders, crossbencher Lord Pannick said he was ‘surprised cl 1 seeks now to confer on the judiciary a very wide new power to absolve unlawful acts’. He said he was concerned about the ‘nuts and bolts’ which, as the organisation JUSTICE pointed out, mean ‘people who have had to pay tax under an unlawful regulation would be unable to require a refund, and if prosecuted under an invalid statutory instrument would be unable to have their criminal record altered.

‘It cannot be right that a court shall have the power to decide that something which is unlawful shall be treated as lawful’.

Ben Standing, partner, Browne Jacobson, said: ‘Many of the lords were strongly opposed to what they saw as an attempt to interfere in how the judiciary determine remedies (due to the requirements of the new s 29A(9) of the Senior Courts Act 1981).’

Matthew Smith, partner at BDB Pitmans, said: ‘Opponents of cl 2 pointed both to the immediate unwelcome impact the provision, if enacted, would have―for example on those challenging potentially life-changing, even existential, immigration decisions―and to the longer term “sleeper threat” that cl 2 will be used in future as a template to oust the courts’ jurisdiction to review executive action in other important fields of activity.’ 

Issue: 7966 / Categories: Legal News , Judicial review
printer mail-details

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll