Law Society Sounds Warning Against Judicial Review Bill

Birmingham: The judicial review bill, published on Wednesday 21st July 2021, should “Ring Alarm Bells” for people attempting to seek remedy against the state in court, the Law Society has said. Details of the bill, released before full publication, which follows government rhetoric about overreach by the judiciary, prompted accusations that it would restrict the ability of individuals, including some of the most marginalised in society, to challenge the decision-making processes of public bodies. While the Ministry of Justice abandoned arguably its most controversial proposal – to increase use of ouster clauses, which ringfence government decisions beyond the reach of the courts – it has limited the scope of judicial review in another way, which raised fears it may provide a template for future restrictions.

The bill ends the practice where parties in immigration and asylum cases who have been refused permission to appeal by both the first-tier and upper tribunal can bring a judicial review case in the high court, known as Cart judicial reviews. Stephanie Boyce, president of the Law Society, which represents individuals in England and Wales, said: “There is a great deal here that should ring alarm bells for people who come up against the might of the state.

Read more: Haroon Siddique, Gurdian, https://is.gd/QNukj1