Following the publication of the Report of the Independent Review of Administrative Law last week, the Government announced a 6-week consultation period to consult on its proposals for reform to the substance and procedure of judicial review.
Worryingly, the Government’s proposals go far beyond the relatively modest recommendations for reform made by the IRAL Panel headed by Lord Faulks. In addition to getting rid of Cart JRs, the Government is proposing to legislate to strengthen ouster clauses, and to make all judicial review remedies prospective only. The Government is also proposing wide-ranging procedural reforms, including on time limits and interveners. These proposals, if enacted, will have a significant impact on the efficacy of judicial review.
It is vital for ALBA to put together a strong and persuasive response to these proposals. We urge members to come forward to assist in drafting the consultation response (which is due on 29 April 2021).