JUDICIAL REVIEW OF PRIMARY LEGISLATION

November 5th, 2024 by James Goudie KC

In ABACUS v SoS (2024) EWHC 2753 (Admin) Chamberlain J refused to stay judicial review proceedings challenging provisions of primary legislation. The legislation itself  had completed its Parliamentary process and received Royal Assent. However, it had not yet been commenced. In the particular circumstances, the balance of convenience test applied and favoured allowing the claims to proceed, at least until the stage of determining whether permission to apply for Judicial Review should or should not be granted.

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