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04 August 2023
Issue: 8036 / Categories: Legal News , Judicial review , Procedure & practice , Constitutional law
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NLJ this week: Worrying developments on judicial review ousters

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The government succeeded in blocking a potential judicial review, in a recent case on ouster clauses (Oceana). How concerned should we be about this development?

Writing in this week’s NLJ, Nick Wrightson, partner at Kingsley Napley, notes that the decision itself is narrow enough so as not to ‘significantly imperil the rule of law’. Looking ahead, however, he warns there may be trouble to come.

He writes: ‘The real concern… is that Oceana is proof of concept for a particular form of ouster clause, and the government is already identifying other opportunities to exclude judicial review using this “template”': for example, the Illegal Migration Act 2023, which contains ouster clauses very similar to the one considered in Oceana.

Read more from Wrightson on ouster clauses here.

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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