Q&As

How does the government propose to implement the new provisions concerning the financing of judicial review proceedings under the Criminal Justice and Courts Act 2015?

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Published on LexisPSL on 24/07/2015

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • How does the government propose to implement the new provisions concerning the financing of judicial review proceedings under the Criminal Justice and Courts Act 2015?
  • Criminal Justice and Courts Act 2015
  • Consultation 21 July–15 September 2015

How does the government propose to implement the new provisions concerning the financing of judicial review proceedings under the Criminal Justice and Courts Act 2015?

Criminal Justice and Courts Act 2015

The Criminal Justice and Courts Act 2015 (CJCA 2015) introduced amendments to judicial review by way of amendments to the Senior Courts Act 1981 and also the Tribunals, Courts and Enforcement Act 2007.

CJCA 2015, Pt 4 sets out new provisions concerning the financing of judicial review proceedings.

CJCA 2015, s 85 introduces a new requirement for judicial review applicants to provide information to the court concerning the financing of the application, including:

  1. information about the financial resources available to the applicant to meet liability arising in connection with the application

  2. where the applicant is a corporate body and cannot show that it is likely to have the financial resources available, information about its members and their ability to provide financial support for the application

CJCA 2015, s 86 requires the court to have regard to information concerning the financing of the judicial review proceedings when determining costs.

CJCA 2015, s 88(5) provides that rules of court may specify information that must be contained in an application for a costs capping order in connection with judicial review proceedings. This includes information about the financial resources available

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