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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

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
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Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes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
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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