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30 July 2021 / Michael Zander KC
Issue: 7943 / Categories: Features , Judicial review
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Reform of judicial review

53845
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

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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