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10 February 2022
Issue: 7966 / Categories: Legal News , Judicial review
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Concerned peers query judicial review plans

Peers have raised objections to government plans for prospective-only quashing orders and the removal of Cart appeals, during the second reading of the Judicial Review and Courts Bill

In the debate, this week, justice minister Lord Wolfson said suspended quashing orders (cl 1) gave judges ‘new tools’ while it was ‘appropriate’ to end Cart reviews of permission to appeal decisions (cl 2). However, shadow justice minister Lord Ponsonby warned the government may use the removal of Cart ‘as a precedent to abolish other types of judicial review’.

On prospective quashing orders, crossbencher Lord Pannick said he was ‘surprised cl 1 seeks now to confer on the judiciary a very wide new power to absolve unlawful acts’. He said he was concerned about the ‘nuts and bolts’ which, as the organisation JUSTICE pointed out, mean ‘people who have had to pay tax under an unlawful regulation would be unable to require a refund, and if prosecuted under an invalid statutory instrument would be unable to have their criminal record altered.

‘It cannot be right that a court shall have the power to decide that something which is unlawful shall be treated as lawful’.

Ben Standing, partner, Browne Jacobson, said: ‘Many of the lords were strongly opposed to what they saw as an attempt to interfere in how the judiciary determine remedies (due to the requirements of the new s 29A(9) of the Senior Courts Act 1981).’

Matthew Smith, partner at BDB Pitmans, said: ‘Opponents of cl 2 pointed both to the immediate unwelcome impact the provision, if enacted, would have―for example on those challenging potentially life-changing, even existential, immigration decisions―and to the longer term “sleeper threat” that cl 2 will be used in future as a template to oust the courts’ jurisdiction to review executive action in other important fields of activity.’ 

Issue: 7966 / Categories: Legal News , Judicial review
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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