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

The Independent Review of Administrative Law has issued 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
  • re-instating immigration appeal rights

Next steps

The consultation closed on 26 October.

The Independent Review of Administrative Law will analyse the responses and produce a report making recommendations to government.

Read the consultation on the GOV.UK website

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