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03 February 2021 / Michael Zander KC
Issue: 7919 / Categories: Features , Public , Judicial review
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The Faulks Review: Heads I win, tails you lose?

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Michael Zander on the Faulks Review: will it end as a government stitch-up?
  • Despite the many professional and public bodies, research organisations and practitioners who have responded to the Independent Review of Administrative Law’s call for evidence by declaring there is no case for legislative reform of judicial review, it remains to be seen whether the government will take those views on board.

The Independent Review of Administrative Law (IRAL) was launched in July 2020 ‘following the government’s manifesto commitment to guarantee that judicial review (JR) is available to protect the rights of the individual against an overbearing state, while ensuring that it is not abused to conduct politics by another means or to create needless delays’. The familiar dog-whistle phrase ‘conduct politics by another means’ indicated the political agenda.

The review, chaired by Lord (Edward) Faulks, had five other members: Celina Colquhoun; Professor Carol Harlow QC (Hon), LSE; Nick McBride, college lecturer in law at Pembroke College, University of Cambridge; Professor Alan Page, professor of public law at University of Dundee; and Vikram

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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