MoJ Consultation on Judicial Review

 

The Ministry of Justice (MoJ) has published the report of the Independent Review of Administrative Law (IRAL) on reform of the judicial review process.

The IRAL’s recommendations include:

1.     Discontinuing the arrangement established by the Supreme Court in R (Cart) v Upper Tribunal [2011] UKSC 28, which permits an application for judicial review of a decision of the Upper Tribunal to refuse permission to appeal a First-tier Tribunal decision.

2.     Introduction of a "suspended quashing order" (SQO) as a new remedy.  An SQO would be conditional and allow a defendant the opportunity to remedy any defects identified by the court within a specified period of time. 

The MoJ described these as "immediate reforms".

The consultation seeks views on further options suggested by the IRAL including the use of ouster clauses. 

The IRAL did not recommend the codification of the grounds for judicial review, amending the law on standing or legislating to make further substantive areas non-justiciable.

The consultation closes on 29 April 2021.

https://www.gov.uk/government/news/judicial-review-consultation-launched