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Where do we stand?

15 November 2013 / Ben Gaston , Charles Brasted
Issue: 7584 / Categories: Features , Judicial review , Procedure & practice
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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

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