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What future for judicial review?

04 June 2021 / Michael Zander KC
Issue: 7935 / Categories: Features , Judicial review
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How stands the government’s reform of judicial review? Michael Zander QC gives a pessimistic assessment
  • Can the virtual unanimity against the need for legislative reform of judicial review succeed in affecting the government’s plans?

The news in the Queen’s Speech that the legislative programme would include a Judicial Review Reform Bill came only days after the close of the government’s six-week consultation on the report of the Independent Review of Administrative Law (IRAL), chaired by Lord Faulks. Though the subject is one that obviously deserves mature and careful thought, the signs are that the government plans to rush ahead.

Every aspect of this process has been rushed. There was widespread complaint that the timeframe for IRAL was inadequate. The Constitutional and Administrative Law Bar Association (ALBA) is bringing judicial review proceedings to establish that the consultation on the IRAL’s report was unlawful in not affording adequate time for consideration and response.

IRAL was plainly Boris Johnson’s response to defeat in the Supreme Court in the two Miller cases, especially

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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