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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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