Judicial Review

Lord Grayling Excerpts

Monday 19th November 2012 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I am today announcing a review of the judicial review process.

Judicial review is a critical means of holding the Executive to account, ensuring that decisions are lawful. However, there has been a huge growth in the use of judicial review, which has expanded far beyond what was originally intended. In 1974 there were 160 applications for judicial review, but by 1998 this had grown to around 4,500 applications, and to around 11,000 by 2011. In 2011, for every application for permission to bring a judicial review that was granted, five were refused (a higher proportion was refused in immigration and asylum cases). In those cases where permission was granted, an even smaller proportion was successful.

Much of this growth is the result of an increase in applications to review decisions in immigration and asylum cases, but judicial review is also used as a means of challenging other types of decisions, for example, in planning matters, in large infrastructure projects, in procurement exercises and in other key reform programmes.

The Government are concerned about the burdens that this growth has placed on stretched public services. This can lead to unnecessary costs and lengthy delays, and may in some cases stifle innovation and frustrate much needed reforms, including those aimed at stimulating growth and promoting economic recovery.

The Government therefore intend to seek views on a package of options designed to tackle these problems. This package will include shortening time limits in certain cases, restricting the opportunities for an oral reconsideration of the application for permission in certain circumstances, and introducing new fees. The purpose of this is not to deny or restrict access to justice, but to provide for a more balanced and practicable approach, ensuring that weak, frivolous and unmeritorious cases are identified early, and that legitimate claims are brought quickly and efficiently to a resolution. In this way, we can ensure that the right balance is struck between reducing the burdens on public services, and protecting access to justice and the rule of law.