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03 December 2021 / Matthew Smith
Issue: 7959 / Categories: Opinion , Judicial review , Rule of law
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Judicial review: a process under pressure

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Matthew Smith gets under the skin of the government’s concerns about judicial overreach

Judicial review has found itself in the government’s crosshairs on several occasions in the last decade or so. Ministers asserted again and again during that period that immigration judicial review took up too much time and resource; that unmeritorious judicial review cases of all types clogged up the system and led to delay; and that too much judicial review was brought to prolong unsuccessful political campaigns, with the attendant risk that the judiciary would stray into matters not properly for them.

The most recent road to reform began with the launch—in July 2020—of the Independent Review of Administrative Law, referred to universally now as IRAL. Despite its name, the focus was on judicial review, rather than the wider field of administrative law; but even so, there was, initially at least, considerable concern among legal practitioners that it would generate far-reaching proposals and threaten the pivotal role played by judicial review in upholding the rule of law.

This anxiety was abated—temporarily—when IRAL published its report in March

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NEWS
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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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