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15 November 2013 / Ben Gaston , Charles Brasted
Issue: 7584 / Categories: Features , Judicial review , Procedure & practice
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Where do we stand?

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 Will proposals for further judicial review reform make any difference? Charles Brasted & Ben Gaston report

The government’s latest consultation on restricting the availability of judicial review (JR) ( Judicial Review, Proposals for Further Reform, September 2013) raises further questions about the justification and efficiency of the proposals. Plans to change the rules on standing and the approach to procedural unfairness, in particular, are directed at approaches embedded in the common law jurisprudence, and raise constitutional questions as to the roles of the executive, Parliament and the judiciary in determining the availability of JR to would-be claimants.

Standing in JR

The current “sufficient interest” test for standing (Senior Courts Act 1981 (SCA 1981), s 31(3)) has been the subject of an increasingly liberal and expansive interpretation. The courts have been anxious to see issues of public importance given proper judicial consideration, particularly where allegedly unlawful acts would otherwise be immune from challenge simply because there was no directly affected individual (see AXA General Insurance Ltd v HM Advocate

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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