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Public Law Solicitors
Cart Judicial Reviews confuse the Administrative Court but should they be scrapped? (26 May 2022)
Date: 26/05/2022
There has been much controversy over the recommendations of the Faulks report into judicial review reform, writes public law director James Packer in the latest edition of ILPA.
Among its more contentious ideas was scrapping Cart judicial reviews (challenges to decisions of the Upper Tribunal (“UT”)) to refuse permission to appeal.)
Critics have argued that the statistics the recommendation was based on were flawed.
However, this has not prevented the Government from seeking to realise the proposal in Clause 2 of its Judicial Review and Courts Bill.
The issue remains in the balance with the House of Lords having rejected Clause 2 and replaced it with a new clause, and is likely to be hotly debated while the bill ping pongs between the Lords and the Commons.
Whatever the outcome in the Commons, the Administrative Court will be dealing with Cart judicial reviews for a while yet.
Unfortunately, they do not yet have in place an appropriate system to manage claims where permission for judicial review is granted.
ILPA members can read public law director James Packer’s full article on the subject in the May edition of ILPA monthly here.