0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

House of Lords rejects judicial review reform

29 October 2014

The House of Lords has rejected the Government’s plan to change the criteria for bringing judicial reviews.

Before a judicial review can be brought, an applicant must first seek the court’s permission. As originally drafted, Criminal Justice and Courts Bill would have required courts to refuse permission if it seems “highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.” However, the House of Lords has passed an amendment preserving the court’s full discretion in this area.

The number of judicial reviews has risen from around 4,300 in 2000 to nearly 15,700 in 2013 and the Government is clearly concerned about the costs to public bodies of defending these claims. However, it is questionable whether limiting the powers of the courts to decide which claims they wish to hear would be an appropriate or effective way of addressing these concerns.

related opinions

Changes to the standard of proof for findings of unlawful killing in inquests

The Supreme Court has considered whether the applicable standard of proof in inquest proceedings should be to the criminal standard (beyond reasonable doubt) or the civil standard (on the balance of probabilities).

View blog

The Restriction of Public Sector Exit Payments Regulations 2020

On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.

View blog

Internal Market Bill published today – the start of the controversy?

The Internal Market Bill is published today, but amid much controversy.

View blog

Impact of Covid-19 upon level of fine

Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up