Westminster Legal Policy Forum

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The future for judicial review in England and Wales - new JR legislation, reducing undue delay to major projects and court proceedings, and the impact of reform on stakeholders

August 2021


Price: £95 PLUS VAT
Format: DOWNLOADABLE PDF


When it happened…


Thursday, 22 July 2021


What delegates came to discuss…


This conference will look at reform to the judicial review process in England and Wales following the recent publication of the Independent Review of Administrative Law (IRAL), commissioned by the Government.


Delegates will examine proposals from the Government which are intended to speed up judicial review, avoid delays, and ensure that the process is not abused - following concern that judicial review has extended beyond its original concept, and that cases are being brought for campaigning purposes, or to cause delay to projects and proposals.


The proposed changes affect a range of sectors and areas of law, including:


  • planning applications and large scale infrastructure projects
  • immigration and asylum cases
  • social care
  • local government
  • NHS trusts

Delegates will assess the likely impact of the Review’s recommendations, the Government response, and next steps following the Government’s recently launched consultation, which will look at:


  • implementation issues for the Review’s core recommendations
  • whether to take more radical steps which the Review did not advocate or endorse

The conference will also be an opportunity to examine issues for the Government’s forthcoming Judicial Review Bill, which is intended to ensure judicial review is used for its intended purpose, and that delays to major projects and immigration cases are cut through, giving courts the power to suspend quashing orders, and reversing the Cart judgement.


We are pleased to be able to include a keynote contribution on the key findings of the review from its Chair, Lord Faulks QC, as well as contributions from Lord Wolfson of Tredegar QC, Parliamentary Under-Secretary, Ministry of Justice, and Sir Nicholas Blake, former High Court Judge, High Court of Justice of England and Wales (2007-2017) and Associate Member, Matrix Chambers.


Key areas for discussion include:


  • the current state of play for judicial review (JR) in England and Wales
  • key findings of the Independent Review of Administrative Law
  • the impact of proposed reforms to Cart JR on immigration and asylum cases, and remedies in judicial review challenges
  • next steps for reforming procedure and justifiability

Who attended…


Officials from the Attorney General's Office; Crown Prosecution Service; the Department for Digital, Culture, Media & Sport; Defra; the Department for Education; the Department for Transport; the Department of Health and Social Care; the Government Legal Department; HM Courts and Tribunals Service; HM Revenue & Customs; HM Treasury; the Home Office; the Ministry of Justice; Senedd Cymru and the Welsh Government.


Representatives from Alsters Kelley Solicitors; Baker McKenzie; Bates Wells; Bevan Brittan; CEDAW People’s Tribunal; ClientEarth; Equality and Human Rights Commission; False Allegations Support Organisation; Kingsley Napley; Mishcon de Reya; Norton Rose Fulbright; Paul Diamond LLM; Payment Systems Regulator; Public Law Project; Royal Air Force; Solicitors Regulation Authority; The Law Society; Thompsons Solicitors; University of Buckingham; University of Essex and Winckworth Sherwood.


Press: Financial Times and Law Society Gazette.



This pack includes

  • Dropbox video recording of the conference
  • PDF transcript of the discussion, including all speaker remarks and Q&A
  • PDFs of speakers' slide material (subject to permission)
  • PDFs of the delegate pack, including speaker biographies and attendee list
  • PDFs of delegate articles