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11 February 2022
Issue: 7966 / Categories: Legal News , Judicial review , Constitutional law
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NLJ this week: Some unexpected consequences of the Judicial Review and Courts Bill

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The Judicial Review and Courts Bill may be described in some quarters as ‘relatively uncontroversial’―but it has ‘potentially far-reaching effects’. Writing in this week’s NLJ, John Cleverly, senior associate at Osborne Clarke and Azeem Suterwalla, barrister at Monckton Chambers, explore the unexpected effects of the Bill, which endured a bumpy ride at second reading in the House of Lords this week and is now on its way to scrutiny at committee stage
Cleverly and Suterwalla discuss whether suspended quashing orders might mean more claims being allowed through? For example, how will it affect the judicial response to assessing delay?

They write: ‘A claim which has not been brought “promptly” may be thrown out by the court if people have already begun to rely on the decision being challenged, and therefore it would have a negative impact on those people for the court to set the decision aside, and the claimant should have acted more quickly to avoid that detriment.

‘However… it might be possible for a claimant accused of not bringing a claim promptly to say that the court can side step the potential prejudice to people who had relied on the newly invalid government action, by making a suspended quashing order.’ 

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
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
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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