header-logo header-logo

04 June 2021 / Michael Zander KC
Issue: 7935 / Categories: Features , Judicial review
printer mail-detail

What future for judicial review?

50417
How stands the government’s reform of judicial review? Michael Zander QC gives a pessimistic assessment
  • Can the virtual unanimity against the need for legislative reform of judicial review succeed in affecting the government’s plans?

The news in the Queen’s Speech that the legislative programme would include a Judicial Review Reform Bill came only days after the close of the government’s six-week consultation on the report of the Independent Review of Administrative Law (IRAL), chaired by Lord Faulks. Though the subject is one that obviously deserves mature and careful thought, the signs are that the government plans to rush ahead.

Every aspect of this process has been rushed. There was widespread complaint that the timeframe for IRAL was inadequate. The Constitutional and Administrative Law Bar Association (ALBA) is bringing judicial review proceedings to establish that the consultation on the IRAL’s report was unlawful in not affording adequate time for consideration and response.

IRAL was plainly Boris Johnson’s response to defeat in the Supreme Court in the two Miller cases, especially in the unanimous decision holding his prorogation of Parliament

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll