Reforms to Judicial Review in the Criminal Justice and Courts Act 2015: Promoting Efficiency or Weakening the Rule of Law?

Abstract

This article discusses the background and implications of the judicial review reforms adopted in the Criminal Justice and Courts Act 2015 (UK). The reform process began with a 2013 government report and 2013-14 public consultation on the possibility of reforming a range of issues relating to judicial review proceedings, including the law of standing, the ‘no difference’ principle, and various matters concerning party and third party costs. This article examines each of these issues, particularly highlighting the consultation submission made by the Senior Judiciary, the proposals introduced in the Criminal Justice and Courts Bill 2014, and the revisions which were adopted in the Act as a consequence of parliamentary debates. Although the Act includes a number of important concessions, there remain concerns as to how the reforms will affect the balance between the competing interests at stake in judicial review.

Keywords: Judicial review, rule of law, public interest, standing, no difference principle, costs, Protective Costs Order, third parties, Lord Chancellor