Reforms to judicial review

Document type
Impact Assessment
Corporate author(s)
Great Britain. Ministry of Justice
Publisher
Ministry of Justice
Date of publication
22 January 2014
Subject(s)
Criminal Justice Services, Legislation
Collection
Social welfare
Material type
Reports

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This Impact Assessment (IA) accompanies the Criminal Justice and Courts Bill (‘the Bill’).

The number of Judicial Review (JR) applications has more than doubled in the past 10 years. The Government is concerned that a large number of these claims are weak or frivolous and that financial incentives currently do not discourage claimants from bringing weak cases. The policy objective is to reduce the incidence of weak JRs and to support the quicker resolution of JRs by providing better balanced financial incentives.

The option detailed in this IA has five components: claimants pay defendants’ costs when claimants lose oral renewal hearings more often; restrict the use of Protective Costs Orders (PCOs) in non-environmental cases; interveners in JRs bear more of the costs stemming from their intervention; non-parties to JRs bear more of the costs they generate; and greater effectiveness from the use of Wasted Cost Orders (WCOs) against legal representatives for misconduct.

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