In December 2012, the government published a consultation on its proposals to reform the judicial review process. The Ministry of Justice (MoJ) has now published its response to the consultation, summarising the 250 responses it received and setting out the reforms it intends to take forward.
Judicial review is an important right of recourse by which public body decisions can be assessed by the judiciary. There have been fears, however, that the process is being over-utilised, even abused, with figures showing that the number of applications rose from 6,692 in 2007 to 11,359 in 2011, whilst success rates have remained low with many applications failing at the first hurdle. Even applications that fail, can be a costly and time consuming exercise for those involved and for the public purse.
It is with this in mind that the Government announced, at the end of last year, its intentions to reform the process to filter out weak, frivolous and unmeritorious cases at an early stage, while ensuring that arguable claims can proceed to a conclusion without delay…
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