CILEx criticises Judicial Review proposals as ‘unjustified’

06 February 2014

The Chartered Institute of Legal Executives (CILEx) is pleased to note the Government’s commitment in protecting Judicial Review as a check on unlawful executive action. The creation of a planning Court to speed up consideration of planning and related judicial reviews, and the concession to the rule on Standing are both welcome. All members of our society have an interest in the proper administration of executive power and it is for this reason that access to Judicial Review should be not restricted to those directly affected by the matter at hand.

However, CILEx is not convinced with the continuing Government mantra of significant growth in Judicial Review Applications, as this is now historic with the removal of asylum and immigration cases from the ambit of Judicial Review.

CILEx is also not wholly convinced there is a sound evidence base for further reform. CILEx is concerned, for example, the financial reforms will price claimants out on bringing a claim by increasing the potential costs if unsuccessful. To limit access to judicial review when sufficient checks are already in place, for example the merits test, the test on standing and being a remedy of last resort, will undermine the ability for citizens to hold the Government to account.

CILEx CEO Diane Burleigh OBE said: “There is no compelling evidence that judicial review is being abused. Judicial Review is an economic and effective branch of litigation, performing a constitutionally critical role in keeping the exercise of public power within the law. Maintaining the rule of law should be the most important principle rather economic growth or budgetary concern. I urge the Government to think again on its unjustified proposals to restrict access to this remedy.”