Legal News

Can you devise an effective ouster clause to exclude a category of decision making from judicial review?

Published on: 16 August 2021
Published by: LexisPSL
  • Can you devise an effective ouster clause to exclude a category of decision making from judicial review?
  • Why is it difficult to oust judicial review?
  • So is judicial review unlimited?
  • Are ouster clauses making a comeback?

Article summary

Public Law analysis: The Judicial Review and Courts Bill contains a new ‘ouster clause’ designed to prevent judicial review of the Upper Tribunal’s decisions on certain applications for permission to appeal against decisions of the First-tier Tribunal. In this analysis, Nick Wrightson, partner in the Public Law team at Kingsley Napley, explores why drafting legislation to restrict judicial review is so difficult. or take a trial to read the full analysis.

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