Judicial Review: proposals for reform

Ref: 01.13

The Ministry of Justice has recently published a consultation paper proposing reforms in three key areas of the judicial review (JR) process:

• the time limits within which Judicial Review proceedings must be brought;
• the procedure for applying for permission to bring Judicial Review proceedings; and
• the fees charged in Judicial Review proceedings.

Judicial Review is a critical check on the power of the State, providing an effective mechanism for challenging the decisions of public bodies to ensure that they are lawful. However, the Government is concerned that the JR process may in some cases be subject to abuses, for example, used as a delaying tactic, given the significant growth in its use but the small proportion of cases that stand any reasonable prospect of success.

Your views are sought.

The consultation can be accessed here.

We would be grateful for comments/views before the 19^th January 2013.