header-logo header-logo

10 November 2021
Issue: 7956 / Categories: Legal News , Constitutional law , Judicial review
printer mail-detail

Judicial review changes could diminish accountability

While political sleaze hit the headlines this week, lawyers have been fighting to preserve accountability of public bodies on a separate front

The Judicial Review and Courts Bill committee heard evidence on the Bill this month from the Law Society and others. The Bill proposes a statutory presumption in favour of prospective-only remedies, which would leave past wrongs to stand and impose limits on when judges could right a past wrong.  

Law Society president I Stephanie Boyce said: ‘One of the changes the government wants to make is to push judges towards rulings that would leave people who suffered because of unlawful state actions without full redress.

‘This is plainly wrong and would have a chilling effect on justice. Individuals and businesses should have confidence that where public bodies breach the law or infringe on legal rights they will be able to enforce their rights and secure redress.

‘We support the introduction of suspended quashing orders, which would allow a judge to give the state time to make necessary arrangements before their decision takes effect. However, this should only be at judges’ discretion and not, as is proposed, the norm which could only be deviated from in prescribed circumstances.

‘All in all, the ultimate consequence of these proposals would be that more unlawful actions by public bodies could go unchallenged or untouched.’

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll