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04 June 2021 / Michael Zander KC
Issue: 7935 / Categories: Features , Judicial review
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What future for judicial review?

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How stands the government’s reform of judicial review? Michael Zander QC gives a pessimistic assessment
  • Can the virtual unanimity against the need for legislative reform of judicial review succeed in affecting the government’s plans?

The news in the Queen’s Speech that the legislative programme would include a Judicial Review Reform Bill came only days after the close of the government’s six-week consultation on the report of the Independent Review of Administrative Law (IRAL), chaired by Lord Faulks. Though the subject is one that obviously deserves mature and careful thought, the signs are that the government plans to rush ahead.

Every aspect of this process has been rushed. There was widespread complaint that the timeframe for IRAL was inadequate. The Constitutional and Administrative Law Bar Association (ALBA) is bringing judicial review proceedings to establish that the consultation on the IRAL’s report was unlawful in not affording adequate time for consideration and response.

IRAL was plainly Boris Johnson’s response to defeat in the Supreme Court in the two Miller

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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