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11 February 2022 / John Cleverly , Azeem Suterwalla
Issue: 7966 / Categories: Opinion , Constitutional law , Judicial review
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Judicial review: reading the runes

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John Cleverly & Azeem Suterwalla consider the potentially far-reaching & unexpected effects of proposals in the Judicial Review and Courts Bill

The Judicial Review and Courts Bill has now entered the House of Lords. It will not likely be brought into effect until early to mid-2022. While we consider that the Bill does not have the far-reaching constitutional implications that some have suggested, the introduction of suspended quashing orders could in fact allow some claims to succeed that would previously have failed.

Suspended quashing orders

The Bill would introduce a new provision (29A) into the Senior Courts Act 1981 (the 1981 Act) which would allow judges to ‘undo’ (or ‘quash’) something that the government has done from a particular point in time. Previously, the relief that was available to a claimant was to have a court decide that the government’s actions were unlawful and had effectively never been taken. That is clearly quite a dramatic order for a court to make.

Now, if the Bill becomes law, courts

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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