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10 November 2021
Issue: 7956 / Categories: Legal News , Constitutional law , Judicial review
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Judicial review changes could diminish accountability

While political sleaze hit the headlines this week, lawyers have been fighting to preserve accountability of public bodies on a separate front

The Judicial Review and Courts Bill committee heard evidence on the Bill this month from the Law Society and others. The Bill proposes a statutory presumption in favour of prospective-only remedies, which would leave past wrongs to stand and impose limits on when judges could right a past wrong.  

Law Society president I Stephanie Boyce said: ‘One of the changes the government wants to make is to push judges towards rulings that would leave people who suffered because of unlawful state actions without full redress.

‘This is plainly wrong and would have a chilling effect on justice. Individuals and businesses should have confidence that where public bodies breach the law or infringe on legal rights they will be able to enforce their rights and secure redress.

‘We support the introduction of suspended quashing orders, which would allow a judge to give the state time to make necessary arrangements before their decision takes effect. However, this should only be at judges’ discretion and not, as is proposed, the norm which could only be deviated from in prescribed circumstances.

‘All in all, the ultimate consequence of these proposals would be that more unlawful actions by public bodies could go unchallenged or untouched.’

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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