header-logo header-logo

04 August 2023
Issue: 8036 / Categories: Legal News , Judicial review , Procedure & practice , Constitutional law
printer mail-detail

NLJ this week: Worrying developments on judicial review ousters

132786
The government succeeded in blocking a potential judicial review, in a recent case on ouster clauses (Oceana). How concerned should we be about this development?

Writing in this week’s NLJ, Nick Wrightson, partner at Kingsley Napley, notes that the decision itself is narrow enough so as not to ‘significantly imperil the rule of law’. Looking ahead, however, he warns there may be trouble to come.

He writes: ‘The real concern… is that Oceana is proof of concept for a particular form of ouster clause, and the government is already identifying other opportunities to exclude judicial review using this “template”': for example, the Illegal Migration Act 2023, which contains ouster clauses very similar to the one considered in Oceana.

Read more from Wrightson on ouster clauses here.

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
back-to-top-scroll