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23 February 2022
Issue: 7968 / Categories: Legal News , Judicial review , Procedure & practice
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Lords on judicial review

Peers should consider whether the introduction of suspended or prospective-only quashing orders in judicial reviews correctly balance ‘providing courts with discretion and placing a presumption on how they should act’, the House of Lords Constitution Committee has said

In its report on the Judicial Review and Courts Bill it highlighted ‘some academic disagreement’ as to whether judges were being given discretionary powers or if the orders were mandatory. The committee reported that it has ‘recommended removing the requirement for judges to make suspended or prospective-only quashing orders where they would provide adequate redress and there would not be a good reason not to’.

It also recommended that courts be required to give due consideration to Art 13, ECHR when making the determination. Committee Stage began this week in the House of Lords.

MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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