Fury and bewilderment at plans to curb judicial reviews
Lawyers responded critically to the prime minister’s call today for measures to cut the number of applications for judicial review.
Adam Chapman, partner and head of public law at national firm Kingsley Napley, described the focus on judicial reviews as ‘a peculiar target’ in the quest for better economic competitiveness.
James Thornton, chief executive of environmental law group ClientEarth, accused the prime minister of ‘the dark suggestion that the suspension of normal legal process is acceptable’.
In his speech to the Confederation of British Industry, David Cameron (pictured) said that the number of applications for judicial review had climbed from 160 in 1975 to 11,000 in 2011. Applications in ‘hopeless cases’ were hindering infrastructure investments and economic growth, the prime minister said. ‘We urgently need to get a grip on this.’
In a statement to coincide with the speech, the justice secretary Chris Gayling said that the government intends to seek views on a package of options that will include shortening time limits, restricting opportunities for an oral reconsideration of the application for permission in certain circumstances and introducing new fees.
‘The purpose of this is not to deny or restrict access to justice, but to provide for a more balanced and practicable approach, ensuring that weak, frivolous and unmeritorious cases are identified early, and that legitimate claims are brought quickly and efficiently to a resolution. In this way, we can ensure that the right balance is struck between reducing the burdens on public services, and protecting access to justice and the rule of law.’
Emily Williams, associate at international firm DLA Piper, said the reforms would be difficult to achieve while complying with EU law, particularly that concerning with environmental protection.
'Unless the prime minister envisages a shorter period within which to bring such legal challenges and a faster track process in the Administrative Court it is difficult at this stage to foresee how a significant reduction in the number of challenges or the time to determine them can be achieved within a timescale that will assist current projects.'
Chapman said it was ‘a myth’ that judicial review is stopping the government from proceeding with policies to help boost the economy. ‘Although there has been significant growth in the number of judicial review cases brought, the increase has been in cases about immigration and asylum – it’s nothing to do with stopping the government from taking steps to assist business.’
In non-immigration and asylum cases, the number of cases has actually gone down since 2006, he said.
Chapman said there is already a requirement to bring cases promptly and it is difficult to see how that can sensibly be reduced. ‘The real delays in the system arise at the courts, once cases have been brought and the answer is to resource the courts better, not to set up an unfair barrier that would not discriminate between so-called “pointless” cases and the valid cases that are brought to ensure that public bodies act lawfully.’
News
- Pilot aims to limit clinical negligence solicitors’ fees
- Will-writing could still be regulated
- North-west PI paralegal initiative
- Court interpreters reject new contract deal
- Grayling asks for quality standard for PCT firms
- French revolution
- In-house growth accelerating
- Appeal Court applies Russian law in dispute
- Insurers to revamp third-party code
- European data plan labelled ‘demented’
- Saudi Arabia accepts registration of female lawyer
- Don’t worry about Jackson fallout – judge
- Criminal legal aid cuts to reach £370m
- SRA’s popularity slips
- Traffic courts to be set up
- Economy 'testing access to justice'
- MoJ plans crackdown on ‘so-called’ experts
- Midlands ABS issues ‘join us’ offer to insurers
- Law Society Excellence Awards now open for nomination
- Desperate PI firms breaking referral fee ban – AXA chief
- Jurors ‘confused’ on new media contempt
- End-to-end negligence defence practice sets up as ABS
- Grayling says no to regulating will-writing
- Society and bar join hands against criminal justice plans
- 100 jobs at risk as BLP seeks 15% salary cost cut
- Bar Council picks a former mandarin

Comments
Judicial review
It is entirely clear that this government views with disfavour the idea that anyone other than its cronies should benefit from enforceable legal rights.
Judicial Review?
If that were it, I'd dissapprove, but understand, but I fear that what it really is is a fundamental ignorance of legal concepts. I'm very puzzled that the idea of prisoners voting (postal or proxy, presumably, like servicemen?) makes the Prime Minister feel sick. Should he take two Rennies?
Judicial Review
Perhaps part of the solution to delays (whatever the cause) is to reverse cuts made to the HMCTS budget so that Courts have the resources to deal with applications promptly. This goes for litigation of all kinds. You can't have it both ways Dave.
And is hell bent on
And is hell bent on abolishing any rights that may exists, HRA exit is on the agenda..
Judicial Review?
What seems to be clear, from a series of pronouncements is that the Prime Minister cares little about the law, and is simply not interested in getting a better understanding.
Judicial Review
So is the PM sugesting that judical review should not have been available to Richard Branson in challenging the West Coast rail franchise debacle? Exactly how would deprivng Mr Branson of his right to challenge a hopelessly unviable tender enhance business efficiency?
A factor in the increase in judical review numbers since 1975 might be civil service pay. The recent West Coast rail mess is a demonstration in the commercial world of what happens when you have an over-stretched and demoralised civil service. Of course immigration lawyers and the courts have known this for years. It is shameful that the Government seeks to remove the right to seek redress for bad decisions instead of addressing the underlying cause which is trying to run public services on the cheap.
Legal challenges?
How inconvenient! Let's shove up court fees and that'll sort the frivolous from the good claims. Oh dear, what nonsense. How dare those claimants make claims. Who do they think they are?
Curb in the number of Judicial review
The comment by the Prime Minister David Cameron is political incursion into the last legal right of the common man. This is cementing the right of those in authority making wrong decisions affecting our lives knowing that it would never be challenged.
So we are bogged down with
So we are bogged down with hopeless cases... someone needs to give Dave a quick bit of advice about the need for leave to bring an application....
Anyway if the Government didn't try to act in an unlawful manner then JR shouldn't be necessary.
Fat end of the wedge
Yet again the Executive reserves for itself the right to interfere with the Judiciary. It is not just that this so called government is abusing its power, it is dragging down the remains of our Democracy.
These are serious "constitutional" matters, and yet we have no constitution to protect us from the barbarians in authority.
Last person, lights off etc.
Another sad sad day for this elderly lawyer
Judicial Review
Whilst I recognise the need for this route of litigation to obtain justice in certain cases, how many solicitors are there who, like me deal with the vast majority of their Judicial Reviews on the basis that they are completely frivolous and vexatious?
They take exactly the same time to respond to Pre-trial, draft an Acknowledgement of Service and sometimes I even to have to instruct counsel to go to an oral hearing.
And costs recovered? Don't make me laugh!
Stick to your guns, Cameron - let's get rid of the time-wasters.
We need to stand up to this
We need to stand up to this kind of nonsense. I am going to write to my MP and protest and if you want to stop this destruction of justice don't vote for the Tories again. The present Tories don't even have a majority ain Parliament . They have no mandate to make such important changes.
Judicial revies
Another knee jerk reaction to a suggestion that the legal gravy train might be curbed. There are of course proper uses for judicial review and Branson's is one of them. As I understand it, there is no suggestion that cases of this sort might be prevented in future, just a bit more expensive. Something needs to be done to curtail the - often - frivolous use of these proceedings to stop perfectly proper decisions.
I agree how dare the average
I agree how dare the average man or woman have the audacity to challenge the Government whose policies may be unlawful. Torture them I say...oh wait I think judicial review already stopped that
Legal Gravy Train
This gravy train bears little resemblance to a certain well known product in the sense, that it is very rare indeed for members of the public to have the necessary resources to pursue such a remedy so that their lawyers can experience a wave of cascading costs.
I am a former member of the Environmental Law Association and I do know what I am talking about.
This is a crass incursion by the Executive into the remedies still available to a citizen under the Law in a democracy, successive Goverments having progressively destroyed legal aid.
What with the RTA debacle and the attempts to hold trials behind closed doors this is all getting a bit sinister. Has anyone seen Secret state?
right
The fact is that it can be difficult and costly to do things right, to lead the world in terms of freedom and civil liberty and open opportunities to question decisions of the state or of any authorities. However it costs even more not to pay this price.
One of the greatest sayings in the world concerns civil liberties when during a confrontational talk one politician tells to another:
I will fight until my last breath for you to have the opportunity to stand there in front of me and have the right to disagree to my point.
A personal view
Politicians always have a ready answer-it`s part of their professional armoury, hence the disproportionate number of barristers in Governments generally.
That ready answer will include high-sounding rhetoric over Freedom of Speech, The Rule of Law, I-contest -what-you-say-but-defend-your-right-to-say-it etc etc.
It was not always the historical case but nowadays it seems to me, the more the high-sounding rhetoric, generally the shabbier the detail.
Eventually the tenor of the answers en masse will depart so far from the reality that it will provoke a vehement reaction from those "at the coalface".
I personally believe that we are long past the stage where responses from Government about the Justice and courts system make any sense let alone carry any moral force - the question then becomes one of a suitable response.
I am not here to prescribe protest but I do personally believe that vigorous and militant protest is both appropriate and necessary now, not just letters to the liberal press. The Scots legal aid lawyers` actions showed us the way recently.
JR
I am urgently looking at the law books to see whether I can judicially review Dave's comment!
Abuse of Legal Aid
The problem is not the number of judicial reviews but the number of publicly funded reviews with no realistic propsect of success. Legal Aid should not be available for these cases. The money currently wasted on repeated use of this sort of process can be made available for proper legal aid in cases with genuine merit, outside the Administrative Court.
And who is to determine
And who is to determine whether or not such cases have genuine merit before hearing them?
Remember how quickly the government acted to discredit/misrepresent Branson's JR to the media?
JR is a constitutional check and balance to the power of the executive. But this bunch or useless jobworths would rather curtail it than follow correct properly thought out procedures.
Why the curb on Judicial Review
My practice was recently closed down by a costs order applied for by the Government's organ the Legal Services Commission after a long and brave, ultimately unsuccessful, battle to have a legal aid contract for the sick and dying to judicially review cuts in their care provision. I do not think that the changes in legal aid provision in this remarkably small and niche area of law have been coincidental coming, as they have, in advance of devastating cuts in Social Care and Health. It would behove the Prime Minister better not to disseminate in a pretence that his proposals are to prevent planning challenges. Were this the case then doubtless legislation could be confined just to that area. In my time in the field I was offered the opportunity to be an approved provider of legal services to Local Authorities and the NHS, considered for an OBE, and conversely threatened that unless I gave up my work for disabled people then "the State will discredit and bankrupt you and there is no escape". I received notice of prosecution under the Solicitors Act for bringing my profession into disrepute two working days after refusing the latter "offer". It spectacularly failed but my business has been closed and I face homelessness and bankruptcy. I think we can all understand the Prime Ministers wish to save public funds. More difficult to understand is that the playing out of this desire is to steal the widows houses, to leave disabled adults sitting in their own waste because of an inadequate level of care at home, to leave terribly deformed children in the sole care of exhausted and desperate mothers each and every night.
It isn't only this government
It isn't only this government which doesn't like JR. At the weekend school for local government lawyers in 2009 the then Local Government Minister, John Healey, was down to give a talk and used the opportunity to tell us that we should stop JR'ing the government because we were making life difficult for his department (true), they knew what they were doing (questionable) and we lost on the vast majority of occasions (totally untrue).
Blessed relief
Having considered the above posts I feel a sense of intense relief that I was indoctrinated in the subversive (and most un-middle class English) belief that all the hallmarks of a civilised society have had to be fought for by the have-nots against the haves. None. I repeat, none, have been granted gratis by those in power. It is a lot less stressful to be able to foresee and foretell the constant kow-towing of Governments to the Multinationals and the Super- Rich-it saves so much heartache otherwise caused by liberal confusion and disappointment at the steady erosion of those civilised values such as access to justice, helping the vulnerable etc.
Tories?
I don't know what you guys take a right wing government to be. Note the way every aspects of the UK laws is being dismantled. The Tories started with tearing up employment law to aid themselves and their cronies. Next look at what they have done to immigration and nationality law and their continuing assault on the Human Rights Act and how to dismantle that also. Their current assault is on Judicial Review which did not in any way surprise those who know where this government is heading for. The sad fact is that many of you plebs would have been effectively caged before you realize what is happening around you!