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17. Juni 2022
Disputes Quick Read – 47 von 99 Insights
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
- Quick read
In September 2021, we wrote about the then Judicial Review and Courts Bill and some specific proposed amendments. The Act came into force on 28 April 2022.
There were relatively few changes made to the Bill during its passage through the House of Commons, but the House of Lords did propose several amendments – most of which were rejected by the government.
What has changed?
As we reported in our earlier article, the most significant change is the new powers given to the courts in the form of suspended quashing orders (SQO) and prospective quashing orders (PQO) which are in addition to regular quashing orders. These essentially allow unlawful acts to remain valid at least for a longer period of time.
One change proposed by the House of Lords has been adopted. Originally there was a provision that would have required the court, where it proposed to make a quashing order, to make an SQO or a PQO where this offered adequate redress, unless there was "good reason not to do so." There would, therefore, have been a rebuttable presumption that a quashing order should be a SQO or a PQO.
This amendment means the court will no longer need to justify making a "regular" quashing order, so giving the court greater discretion as to when to use the new remedies. Under the Act, the court is required to consider a number of factors in exercising that discretion. The court's new powers will undoubtedly give rise to arguments as to when SQOs and PQOs are appropriate as opposed to a regular quashing order.
The second proposed amendment (referred to in our earlier article) regarding the removal of Cart judicial reviews has passed unchanged.
Find out more
The recent Queen’s Speech provided information on legislative developments which may effect the nature and/or scope of public law claims going forward. These include a new Bill of Rights and The Brexit Freedom Bill – both of which may have consequences in this area of law. We will be following further developments.
To discuss the issues raised in this article in more detail, please reach out to a member of our team.
In dieser Serie
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Disputes Quick Read: what claims exist when a smart contract is breached?
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Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
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Disputes Quick Read: Disclosure Pilot Scheme – here to stay
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27. July 2022
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17. June 2022
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Disputes Quick Read: an important reminder of the duty to disclose electronic documents in native format
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26. May 2022
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Disputes Quick Read: The new witness statement preparation rules – a year on
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
31. March 2022
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Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
21. September 2021
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
13. September 2021
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Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
6. September 2021
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Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
2. August 2021
Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
21. July 2021
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
15. July 2021
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Disputes Quick Read: Will the courts change forever post-COVID?
26. May 2021
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Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
5. May 2021
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Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21. April 2021
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Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
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Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26. February 2021
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24. February 2021
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20. January 2021
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12. January 2021
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23. November 2020
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16. October 2020
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18. May 2020
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15. April 2020
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
27. April 2020
von mehreren Autoren
Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
21. April 2020
von Stephanie High
Disputes Quick Read: A different approach to witness evidence
11. March 2020
von James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
17. March 2020
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Disputes quick read: climate change activism by litigation
26. February 2020
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21. February 2020
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Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
2. June 2020
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Disputes Quick Read: Will the civil justice system change forever post COVID-19?
16. June 2020
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Disputes Quick Read: Privilege waiver warning
2. July 2020
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Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
9. July 2020
Disputes Quick Read: The contra proferentem rule reconsidered?
21. July 2020
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
3. December 2021
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
24. November 2021
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8. October 2021
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10. January 2022
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Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20. January 2022
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8. March 2022
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Disputes Quick Read: Assumption of responsibility - tax schemes and investors
22. March 2022
Disputes Quick Read: Dealing in crypto? Be careful what you call it
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