Judicial Review and Courts Bill: HoL Report Stage

As the bill proceeds to report stage in the House of Lords, we are calling for the two key changes to improve government accountability and restore important safety nets for access to justice.

Read the brief

As written, the Judicial Review and Courts Bill will make current and future governments less accountable for their actions and make it harder for people to defend their rights in court – but that can be solved by :

  1. Removing the s. 1 presumption in favor of judges issuing “suspended” or “prospective only” rescission orders. Void orders allow judges to invalidate illegal government acts. Weakening these orders through section 1 would weaken government accountability.
  2. Amendments to Article 2 which removes Cart Judicial reviews: an important judicial check against mistakes made in the court system. This would prevent courts from considering issues such as a court’s real or perceived bias or a court’s failure to weigh obviously relevant considerations in its decision-making. With so much at stake for individuals and the rule of law, Cart RJs should stay in the bill.

We urge Peers to accept these changes and take the opportunity of report stage to address some of the worst consequences of this bill.

Read the brief

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