Judicial Review and Courts Bill

July 22nd, 2021

The above Bill has been published on 21 July 2021. It will not be debated in Parliament until the Autumn.

Part 1 of the Bill (Sections 1 & 2) is concerned with Judicial Review. Section 1 relates to Quashing Orders and Section 2 to to exclusion of review of UT permission to appeal decisions.

Section 1 provides that a Quashing Order may include, subject or not to conditions, provision for a Quashing Order NOT TO TAKE EFFECT until a date specified in the Order, or removing or limiting any retrospective effect of quashing. If a Quashing Order includes provision for a Quashing Order not to take effect until a date specified in the Order, the impugned act is, subject to any condition, UPHELD until the Quashing  Order takes effect. If a Quashing Order includes provision limiting any retrospective effect is, subject to conditions, UPHELD in any respect in which the provision of the Order prevents it from being quashed. Where and to the extent that that an impugned act is upheld, it is to be treated FOR ALL PURPOSES as its validity and force were, and always has been, UNIMPAIRED BY THE RELEVANT DEFECT.

Subsections (8)-(10) of section 1 set bout what the Court must have regard to in deciding whether to exercise the Section 1 cpower.

Comments are closed.