Last autumn the Government invited views on potential measures for the further reform of judicial review. The measures aimed to tackle the burden that unmeritorious judicial reviews has placed on stretched public services whilst protecting access to justice and the rule of law.
The consultation exercise sought views on proposals in a number of key areas:
The consultation exercise also explored the potential for reform in these areas:
Results
325 responses were received to the consultation from a range of stakeholders, including lawyers, representative bodies, businesses, public authorities and interested individuals.
The Government response can be found below. It summarises the responses received and sets out the reforms we intend to take forward and those proposals we have decided not to pursue.
Under the reforms we are taking forward, we will:
The changes aim to ensure that cases are dealt with more quickly – particularly significant planning cases - and to tackle the burden of judicial review by those seeking to generate publicity or delay implementation of decisions that had been properly and lawfully taken.
The Government is inviting views on potential measures for the further reform of judicial review. The measures aim to tackle the burden that the growth in unmeritorious judicial reviews has placed on stretched public services whilst protecting access to justice and the rule of law.
The consultation exercise seeks views on proposals in a number of key areas:
The consultation exercise also explores the potential for reform in these areas:
The Government would welcome responses to the questions set out in this consultation. Those who would prefer to submit their responses via e-mail may send them to admin.justice@justice.gsi.gov.uk. Those who would prefer to submit views in hard copy should send their responses to Judicial Review Consultation, Ministry of Justice, 4th Floor, Postal Point 4.38, 102 Petty France, London, SW1H 9AJ.
A welsh language version of the consultation is available below.
These proposals follow those in the consultation Judicial Review – Proposals for Reform, which ran from December 2012 to January 2013 and set out some of the background and the Government’s concerns about the use of judicial review. The foreword to that document said:
“we are considering whether these proposals need to be supported by a programme of more wide ranging reforms.”
The present consultation follows on from the reforms implemented as a result of that consultation, setting out further proposals and areas in which action might be taken, on which the Government seeks views.
This consultation runs for 8 weeks; the deadline for responses is midnight on the 1 November 2013.
We want to engage as widely as possible during the consultation, but more effective use of judicial review is a key part of the Government’s programme to tackle public burdens, promote growth and stimulate economic recovery, so the Government is keen to move forward with any necessary reforms quickly.
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