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10 February 2022
Issue: 7966 / Categories: Legal News , Judicial review
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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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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