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04 August 2023
Issue: 8036 / Categories: Legal News , Judicial review , Procedure & practice , Constitutional law
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NLJ this week: Worrying developments on judicial review ousters

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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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