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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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