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03 February 2021 / Michael Zander KC
Issue: 7919 / Categories: Features , Public , Judicial review
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The Faulks Review: Heads I win, tails you lose?

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Michael Zander on the Faulks Review: will it end as a government stitch-up?
  • Despite the many professional and public bodies, research organisations and practitioners who have responded to the Independent Review of Administrative Law’s call for evidence by declaring there is no case for legislative reform of judicial review, it remains to be seen whether the government will take those views on board.

The Independent Review of Administrative Law (IRAL) was launched in July 2020 ‘following the government’s manifesto commitment to guarantee that judicial review (JR) is available to protect the rights of the individual against an overbearing state, while ensuring that it is not abused to conduct politics by another means or to create needless delays’. The familiar dog-whistle phrase ‘conduct politics by another means’ indicated the political agenda.

The review, chaired by Lord (Edward) Faulks, had five other members: Celina Colquhoun; Professor Carol Harlow QC (Hon), LSE; Nick McBride, college lecturer in law at Pembroke College, University of Cambridge; Professor Alan Page, professor

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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