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Judicial review controls unveiled | Judicial review controls unveiled |
(about 3 hours later) | |
Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions. | Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions. |
Applications for reviews, which seek to hold public bodies to account, rose from 6,692 in 2007 to 11,359 in 2011. | Applications for reviews, which seek to hold public bodies to account, rose from 6,692 in 2007 to 11,359 in 2011. |
There will be a new fee for hearings in person when written applications are rejected and a new time limit to apply for planning decision reviews. | There will be a new fee for hearings in person when written applications are rejected and a new time limit to apply for planning decision reviews. |
Critics says these are crude filters that may stop those who lack means. | Critics says these are crude filters that may stop those who lack means. |
The measures could also stop those who cannot prepare cases swiftly rather than those whose cases lack merit, they argue. | The measures could also stop those who cannot prepare cases swiftly rather than those whose cases lack merit, they argue. |
Individuals and organisations can seek a judicial review if they think a decision by a public body has been made unlawfully. | Individuals and organisations can seek a judicial review if they think a decision by a public body has been made unlawfully. |
The review, carried out by a judge, looks only at the way the decision was reached, rather than whether it was correct or not. | The review, carried out by a judge, looks only at the way the decision was reached, rather than whether it was correct or not. |
The Ministry of Justice said that just one in six of judicial review applications from 2007-11 were granted permission to proceed beyond the earliest stages. | |
Furthermore, the number that were ultimately successful fell from 187 to 144, it added. | Furthermore, the number that were ultimately successful fell from 187 to 144, it added. |
The vast majority of judicial review applications are immigration cases, with 8,734 such applications made in 2011, of which 607 were deemed suitable for a hearing. | The vast majority of judicial review applications are immigration cases, with 8,734 such applications made in 2011, of which 607 were deemed suitable for a hearing. |
Just 31 were ultimately successful. | Just 31 were ultimately successful. |
The government is also concerned that building projects have been delayed. | The government is also concerned that building projects have been delayed. |
New controls - expected to take effect this summer - include a £215 court fee for hearings in person after initial written applications have been rejected. | New controls - expected to take effect this summer - include a £215 court fee for hearings in person after initial written applications have been rejected. |
Where such applications are ruled as being totally without merit, people will be banned from seeking a hearing in person. | Where such applications are ruled as being totally without merit, people will be banned from seeking a hearing in person. |
And the time limit for applying for a judicial review of a planning decision will be halved, from three months to six weeks. | And the time limit for applying for a judicial review of a planning decision will be halved, from three months to six weeks. |
It follows a consultation which ran from December to January. | It follows a consultation which ran from December to January. |
Justice Secretary Chris Grayling, who will outline the changes later, said judicial reviews "should be used by people who have carefully considered whether they have proper grounds to challenge a decision". | Justice Secretary Chris Grayling, who will outline the changes later, said judicial reviews "should be used by people who have carefully considered whether they have proper grounds to challenge a decision". |
He added: "We are changing the system so it cannot be used anymore as a cheap delaying tactic." | He added: "We are changing the system so it cannot be used anymore as a cheap delaying tactic." |