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Judicial review: under review

Is the current government a threat to the independence of the judiciary? Amanda Robinson & David Wolchover review the evidence

On 14 February 2020, Amanda Pinto QC, Chair of the Bar Council, highlighted concerns about the Prime Minister’s proposals for a constitutional commission to examine the role of judicial review challenges and whether judges were trespassing on political territory. Five months on, the Prime Minister’s proposal is now reality with the government announcing last Friday that an independent panel, chaired by Lord Edward Faulks QC, will consider whether the right balance is being struck between the rights of citizens to challenge executive decisions and the need for effective and efficient government. It is our contention that the threat or potential threat to the judiciary is far greater, if the government’s words and actions are taken at face value.

Boris  Johnson: a potted history

The Prime Minister is no stranger to challenges over his apparent indifference to testimonial exactitude, to deploy a euphemism coined by the historical colossus he so

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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