17 juin 2022
Disputes Quick Read – 16 de 68 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: Key changes to the Disclosure Pilot Scheme
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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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21 April 2021
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Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
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20 January 2021
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Why the modernised LCIA rules are a welcome update
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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
9 April 2020
par plusieurs auteurs
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
21 April 2020
par Stephanie High
Disputes Quick Read: A different approach to witness evidence
11 March 2020
par James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
17 March 2020
par Stuart Broom
Disputes Quick Read: Embracing remote hearings – the experience to date
26 March 2020
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Disputes quick read: climate change activism by litigation
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par Tim Strong, Andrew Howell
Disputes Quick Read: Commercial Court's arbitral power shift
21 February 2020
par Andrew Howell
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
par Georgina Jones
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
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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
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