Michael Zander QC on whether the Judicial Review and Courts Bill is a cause for concern
- Whether the Bill is a threat turns basically on the extent to which judges are likely to move away from their traditional approach and get them instead to adopt the government’s agenda.
- The Independent Review of Administrative Law’s recommendation that Cart be overturned is being given effect.
Of the 48 clauses of the Judicial Review and Courts Bill published last week only the first two are about judicial review (JR). Clause 1, inserting new s 29A in the Senior Courts Act 1981, gives the judges the power to make suspended and prospective quashing orders. Clause 2 overturns the Supreme Court’s decision in Cart thereby preventing use of JR to challenge a decision of the Upper Tribunal refusing permission to appeal against a decision of the First-Tier Tribunal.
Quashing Orders
New s 29A(1) states: ‘A quashing order may include provision— (a) for the quashing not to take effect until a date specified in the order,
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