header-logo header-logo

30 July 2021 / Michael Zander KC
Issue: 7943 / Categories: Features , Judicial review
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll