- New remedies in judicial review cases—implications for planning
- New variations to quashing orders
- Suspended Quashing Orders
- Implication for planning judicial reviews
- In practice
Planning analysis: The Judicial Review and Courts Bill (the Bill), first announced in the Queen’s Speech in May 2021 to introduce reforms to judicial review, had its first reading just before Parliament’s summer recess. It follows the government commissioned Independent Review of Administrative Law (IRAL) in 2020 that examined and consulted on whether wide ranging reform to judicial review was necessary. The Bill introduces only some of the IRAL’s recommendations and, to the relief of many, none of the more radical proposals that were considered as part of the IRAL’s review. The main elements of the Bill (that relate to judicial review) introduce new variations to quashing orders. These are relatively limited changes to the process of judicial review, but they will effectively increase judicial powers by conferring a new discretion to limit the consequences of ultra vires decisions and acts. Clare Eccles and Tim Hellier of Bryan Cave Leighton Paisner LLP examine what the new remedial measures mean for planning judicial reviews.
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