Independent Review of Administrative Law call for evidence – Law Society response

The Independent Review of Administrative Law conducted a call for evidence on a range of aspects of judicial review.

These areas for which evidence is requested include:

• statutory intervention in the judicial review process
• the types of powers and decisions that are subject to judicial review
• the time limits for bringing a claim
• rules regarding costs
• available remedies
• how often cases are settled
• the role of alternative dispute resolution (ADR)
• public interest standing

Our view

Judicial review has a vital place in the UK constitution, giving the rule of law and parliamentary sovereignty practical effect.

It encourages good governance, improves the quality of decision-making and promotes a culture of accountability that protects individual rights and is attractive to international business investment.

We do not believe that there is a need for fundamental reform of judicial review. The evidence shows that it is working well and achieving its purpose.

Apart from in one practice area, statistics show that the number of judicial reviews is declining.

We recommend four priority areas to improve the efficiency of judicial review:

• increasing the availability of legal aid
• encouraging effective engagement with the pre-action protocol
• strengthening the duty of candour
• reinstating immigration appeal rights

Next steps

The consultation closed on 26 October 2020.

The Independent Review of Administrative Law’s report was published in March 2021.

It made two recommendations:

• legislating to reverse the judgment in R (Cart) v The Upper Tribunal so that decisions of the upper tribunal are no longer eligible for judicial review, and
• giving the courts the power to award suspended quashing orders

Read the Independent Review of Administrative Law’s report on the GOV.UK website

Alongside the report, the Ministry of Justice has launched a government consultation which seeks views on the review’s recommendations and a number of additional proposals.

This consultation is open until 29 April.

View the consultation documents and submit your response on the government consultation website