17 juin 2022
Disputes Quick Read – 35 de 87 Publications
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
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.
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Disputes Quick Read: ClientEarth refused permission to pursue directors of Shell
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Disputes Quick Read: What are the litigation trends for 2023?
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Disputes Quick Read: further guidance on witness statement preparation rules
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Disputes Quick Read: Why the UK should join the Hague Judgments Convention 2019
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Disputes Quick Read: extensive information orders granted against crypto exchanges following hack
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Disputes Quick Read: Ethereum Merge - what legal issues arise?
22 September 2022
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Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
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Disputes Quick Read: Disclosure - What information can be redacted?
25 July 2022
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Disputes Quick Read: what claims exist when a smart contract is breached?
6 July 2022
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Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
Welcome news for those pursuing fraud claims in the English Courts
28 July 2022
Disputes Quick Read: Disclosure Pilot Scheme – here to stay
21 July 2022
par Edward Spencer
Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
27 July 2022
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Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
29 July 2022
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
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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Disputes Quick Read: ENRC prevails in claim against former solicitor
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Disputes Quick Read: Climate change litigation update – McGaughey v Universities Superannuation Scheme Limited
31 May 2022
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Don't lose your keys: Bitcoin developers do not have a duty to assist owners in recovering lost cryptocurrency
4 April 2022
Disputes Quick Read: The new witness statement preparation rules – a year on
5 April 2022
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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?
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Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
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Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
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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
31 March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26 February 2021
par Tim Strong, Akash Jamang
Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24 February 2021
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
20 January 2021
par Stephanie High
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12 January 2021
par Tim Strong
Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
23 November 2020
Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
16 October 2020
Disputes Quick Read: Care required when drafting SPA claim notices
23 September 2020
par plusieurs auteurs
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
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Disputes Quick Read: The importance of proper service
26 May 2020
par Edward Spencer
Disputes quick read: Mandatory changes to Statements of Truth
18 May 2020
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Disputes Quick Read: COVID-19 and supply chain disruption – key issues
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Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
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Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
27 April 2020
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Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
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Disputes Quick Read: A different approach to witness evidence
11 March 2020
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Disputes Quick Read: Coronavirus - a growth in virtual courts?
17 March 2020
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Disputes Quick Read: Embracing remote hearings – the experience to date
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Disputes quick read: climate change activism by litigation
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Disputes Quick Read: Commercial Court's arbitral power shift
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
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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
par Stuart Broom
Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8 October 2021
par Katie Chandler
Disputes Quick Read: Climate change litigation – what's the latest?
10 January 2022
par Tim Strong, Jessica Thomas
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20 January 2022
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
7 April 2022
par plusieurs auteurs
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