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Judicial review changes could diminish accountability

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

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Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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