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04 June 2021 / Michael Zander KC
Issue: 7935 / Categories: Features , Judicial review
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What future for 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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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