23 February 2022
Peers should consider whether the introduction of suspended or prospective-only quashing orders in judicial reviews correctly balance ‘providing courts with discretion and placing a presumption on how they should act’, the House of Lords Constitution Committee has said
In its report on the Judicial Review and Courts Bill it highlighted ‘some academic disagreement’ as to whether judges were being given discretionary powers or if the orders were mandatory. The committee reported that it has ‘recommended removing the requirement for judges to make suspended or prospective-only quashing orders where they would provide adequate redress and there would not be a good reason not to’.
It also recommended that courts be required to give due consideration to Art 13, ECHR when making the determination. Committee Stage began this week in the House of Lords.
