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10 November 2021
Issue: 7956 / Categories: Legal News , Constitutional law , Judicial review
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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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