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17 April 2008
Issue: 7317 / Categories: Case law , Law digest
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Judicial Review

Section 31 of the Supreme Court Act 1981 is amended (by s 141 of the Tribunals, Courts and Enforcement Act 2007)

Section 31 of the Supreme Court Act 1981 is amended (by s 141 of the Tribunals, Courts and Enforcement Act 2007) to provide that if, on an application for judicial review, the High Court quashes the decision to which the application relates, it may also (i) remit the matter to the original decision-maker, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or (ii) substitute its own decision for the decision in question (s 31(5)).

It may substitute its own decision only if the decision in question was made by a court or tribunal, the decision is quashed on the ground that there has been an error of law and, without the error, there would have been only one decision which the court or tribunal could have reached (s 31(5A)).

Unless the High Court otherwise directs, a decision so substituted has effect as if it were a decision of the relevant court or tribunal (s 31(5B)).

Issue: 7317 / Categories: Case law , Law digest
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NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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