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Ministers line up curbs on 'frivolous' judicial reviews Ministers line up curbs on 'frivolous' judicial reviews
(about 5 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 have unveiled 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 say these are crude filters that may stop those who lack means. Pressure group Liberty said the plans were an assault on legal safeguards.
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 in 2007-11 was granted permission to proceed beyond the earliest stages while the number that were ultimately successful fell from 187 to 144. The Ministry of Justice said that just one in six of judicial review applications between 2007 and 2011 was granted permission to proceed beyond the earliest stages, while the number that were ultimately successful fell from 187 to 144.
'PR purposes''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. Only 31 were ultimately successful. 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. Thirty one were ultimately successful.
Ministers are concerned that judicial reviews, particularly in cases involving construction projects, are frustrating economic growth.Ministers are concerned that judicial reviews, particularly in cases involving construction projects, are frustrating economic growth.
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.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. And the time limit for applying for a judicial review of a planning decision will be halved, from three months to six weeks.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.
'Constitutional settlement' 'Vital'
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". Mr Grayling said these were "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".
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. Charities and civil liberties campaigners expressed concerns about the proposals in a public consultation earlier this year. 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.
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". Liberty said the proposals represented "another assault on access to court" and on "democratic traditions".
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. "Judicial review is vital in allowing ordinary people to hold the state to account," said Shami Chakrabarti, the organisation's director.