Legal bodies urge Peers to stop government sidestepping judicial review

Three key legal bodies have branded Part 4 of the Criminal Justice and Courts Bill an attack on judicial review.


By Samera Owusu Tutu

20 Oct 2014

In a joint statement, The Bar Council, Law Society and Chartered Institute of Legal Executives (CILEx) urge Peers to amend Part 4 of the Criminal justice and Courts Bill, which will reduce the ability to hold government to account for acting unlawfully.

Chairman of the Bar Council, Nicholas Lavender QC said: “Judicial review is an important tool to stop dodgy decision-making by public authorities. It is fundamental to our system of justice and the rule of law that members of the public, including the weakest and most vulnerable, have an effective means of scrutinising and checking executive power.”

As it stands, Part 4 of the Bill will restrict the use of protective cost orders, and will make interveners (charities, NGOs and others who can contribute to a judicial review) liable for court costs.

The Bill will reach the House of Lords on Wednesday and is likely to face strong contention.

Justice Minister Simon Hughes said today in the House of Commons that the government intends to pursue a different approach to protected cost orders than that proposed in the Bill.

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