Clifford Chance

Judicial Review: Changes proposed to halt a 'growth industry'

19 December 2012

The Ministry of Justice (MoJ) has issued a consultation paper  on proposals for reforming the judicial review process to counter what the Prime Minister recently called a "growth industry" in judicial review.  The MoJ seeks changes on time limits, rights to request an oral hearing and court fees.  The proposed changes will reduce the period of uncertainty for developers following the granting of permission to seek judicial review and streamline the process for those who are challenged.  They will also help to weed out hopeless cases.   However, they are unlikely to lead to a significant reduction in the number of judicial reviews affecting development schemes.  More radical changes would be required to halt this growth industry.

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