Lawyers appeal to Peers

The legal profession has presented a united front to call on Peers to urgently amend a Bill that will have a “chilling effect” on judicial review.

The Bar Council, Law Society and Chartered Institute of Legal Executives (CILEx) have warned that Pt 4 of the Criminal Justice and Courts Bill, currently in the House of Lords, will: restrict the use of protective costs orders (PCOs) limiting judicial review to the wealthy; expose people not party to judicial review, including friends, relatives and associates of claimants, to the financial risk of paying costs; discourage helpful contributions made by charities, NGOs and others by making them liable for costs; and shield public bodies from proper scrutiny when they act unlawfully.

Law Society president, Andrew Caplen, says: “The Bill would stop judges from granting PCOs until permission is granted, a stage which in itself requires intensive up-front work by lawyers which incurs costs. Only a handful of PCOs are granted by judges each year as things stand, and only if the case is in the public interest.”