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Judicial review controls unveiled Ministers line up curbs on 'frivolous' judicial reviews
(about 1 hour 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 say 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. The Ministry of Justice said that just one in six of judicial review applications in 2007-11 was granted permission to proceed beyond the earliest stages while the number that were ultimately successful fell from 187 to 144.
Furthermore, the number that were ultimately successful fell from 187 to 144, it added. 'PR purposes'
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. Only 31 were ultimately successful.
Just 31 were ultimately successful. Ministers are concerned that judicial reviews, particularly in cases involving construction projects, are frustrating economic growth.
The government is also concerned that building projects have been delayed. Justice Secretary Chris Grayling says judicial reviews are increasingly being sought for "PR purposes" and the proposed changes would weed out the "weak and frivolous" cases while still enabling genuine challenges.
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. 'Constitutional settlement'
It follows a consultation which ran from December to January. Mr Grayling has said these are "straightforward procedural reforms" and that 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."
Charities and civil liberties campaigners expressed concerns about the proposals in a public consultation earlier this year.
In its submission, Liberty said the government had not "substantiated claims that judicial review has any adverse impact on business or innovation" and the proposals "failed to respect the critical role judicial review plays in our constitutional settlement".
More than 50% of those responding disagreed with proposals to charge for an oral hearing while 67% opposed a reduction in the time allowed for challenging planning decisions.