header-logo header-logo

11 February 2022 / John Cleverly , Azeem Suterwalla
Issue: 7966 / Categories: Opinion , Constitutional law , Judicial review
printer mail-detail

Judicial review: reading the runes

71764
John Cleverly & Azeem Suterwalla consider the potentially far-reaching & unexpected effects of proposals in the Judicial Review and Courts Bill

The Judicial Review and Courts Bill has now entered the House of Lords. It will not likely be brought into effect until early to mid-2022. While we consider that the Bill does not have the far-reaching constitutional implications that some have suggested, the introduction of suspended quashing orders could in fact allow some claims to succeed that would previously have failed.

Suspended quashing orders

The Bill would introduce a new provision (29A) into the Senior Courts Act 1981 (the 1981 Act) which would allow judges to ‘undo’ (or ‘quash’) something that the government has done from a particular point in time. Previously, the relief that was available to a claimant was to have a court decide that the government’s actions were unlawful and had effectively never been taken. That is clearly quite a dramatic order for a court to make.

Now, if the Bill becomes law, courts will be able to say that the government’s actions remain

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll