The Birmingham Law Society Dispute Resolution Committee has responded to the Ministry of Justice Judicial Review: Proposals for Reform.
The Chair of the Committee, Tobias Haynes said:
“Judicial review is a core component of the legal system of England & Wales, forming part of the wider rule of law and an integral mechanism in ensuring that public bodies are accountable to citizens. The Dispute Resolution Committee (‘DRC’) considers that any radical reform of judicial review must be necessary, warranted and supported by clear evidence. To this end, the DRC opposes the proposal of introducing suspended quashing orders and prospective-only remedies, which we consider will be of significant detriment to claimants. The DRC does however support the cessation of Cart judicial reviews on the basis that we consider that Parliament clearly intended that refusal of permission to appeal by the Upper Tribunal should not be subject to further challenge, and therefore that the Supreme Court decision in Cart v The Upper Tribunal (Rev 1) [2011] UKSC 28 was wrong. The DRC has also proposed an extension of the time limit to bring a judicial review and removing the promptitude requirement, as well as agreeing to some other minor proposals that it considers beneficial to both claimants and respondents.”
Read the full response here.