header-logo header-logo

Where do we stand?

15 November 2013 / Ben Gaston , Charles Brasted
Issue: 7584 / Categories: Features , Judicial review , Procedure & practice
printer mail-detail
web_gastonbrasted

 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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll