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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

71764
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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London Solicitors Litigation Association—John McElroy

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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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