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11 February 2022
Issue: 7966 / Categories: Legal News , Judicial review , Constitutional law
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NLJ this week: Some unexpected consequences of the Judicial Review and Courts Bill

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The Judicial Review and Courts Bill may be described in some quarters as ‘relatively uncontroversial’―but it has ‘potentially far-reaching effects’. Writing in this week’s NLJ, John Cleverly, senior associate at Osborne Clarke and Azeem Suterwalla, barrister at Monckton Chambers, explore the unexpected effects of the Bill, which endured a bumpy ride at second reading in the House of Lords this week and is now on its way to scrutiny at committee stage
Cleverly and Suterwalla discuss whether suspended quashing orders might mean more claims being allowed through? For example, how will it affect the judicial response to assessing delay?

They write: ‘A claim which has not been brought “promptly” may be thrown out by the court if people have already begun to rely on the decision being challenged, and therefore it would have a negative impact on those people for the court to set the decision aside, and the claimant should have acted more quickly to avoid that detriment.

‘However… it might be possible for a claimant accused of not bringing a claim promptly to say that the court can side step the potential prejudice to people who had relied on the newly invalid government action, by making a suspended quashing order.’ 

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
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