30 July 2021
How much of a concern is the government’s Judicial Review and Courts Bill? Some people expected worse. Others think the Bill is a big enough threat as it is
Writing in NLJ this week, Michael Zander QC, Emeritus professor, LSE, considers what’s included, what’s not and the level of discretion being given to judges.
The Bill overturns the Supreme Court’s decision in Cart, blocking off an avenue of challenge where the Upper Tribunal has refused permission to appeal, and gives more power to judges to suspend or limit the retrospective application of quashing orders.
Zander writes that ‘the judges retain their discretion, but subss (9) and (10) are plainly aimed at getting them to make suspended and/or prospective quashing orders. Traditionally, the courts have done so very rarely.’
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