Are the Newly Introduced Judicial Review Reforms Putting the CART Before the Horse

The UK Parliament ended its session on 28th April 2022 and there was just enough time for it to herald the arrival of a raft of new reforms into the jurisdiction of England and Wales.

What Areas Do They Affect and What Are These Changes?

This article will primarily focus on the new Judicial Review and Courts Act 2022 which has been enacted by the UK Parliament. It received Royal Assent on this date and became one of many Acts of Parliament by completing its long meandering journey through the Parliamentary system.

The new piece of legislation appears to have serious implications for the area of judicial review. The United Kingdom Government commented that the new reforms make changes to:

• prevent delays
• tackle the backlog in the seemingly drastically overstretched court system and
• add more lee-way to the results of judicial review matters.

Other eye-catchers include the abolition of quashing orders and instead the presiding judge will have the power to impose a time restriction upon the executive to take action on the handing down of the order from the relevant court. In practice, this represents a cultural change from quickly trying to rectify where an administrative mistake when one is identified to one where a four-week consultation process is put in place. Another change is moving from retrospective quashing orders to prospective quashing orders. Under the new rules, the judiciary will be able to find the executive’s behaviour unlawful. However, if found, any preceding activities, for example in an intellectual property matter, following the particular choice will not be struck down with the relevant quashing order.

Cart Judicial Review

What Is CART Judicial Review?

In the field of Immigration law Cart, Judicial Reviews have been a prominent feature. Before this legislation, persons could obtain a possible option for redress if they disagreed with a decision made by the First-Tier Immigration Tribunal, had no further option left in terms of an appeal to the England and Wales Court of Appeal, and if the Upper Tribunal of the Immigration and Asylum Chamber had declined the person permission to object to it by way of appeal. Contrary to popular belief Cart Judicial Reviews are not some random, made-up, and fictional name. They take their name from the judgment handed down in the United Kingdom Supreme Court in the case of R(on the application of Cart) v The Upper Tribunal from 2011. The UK Government appears to have wanted to reform such Cart Judicial Reviews for some time.

What Were The Differences Between the Conventional Judicial Review and Cart Judicial Reviews?

Under a conventional Judicial Review matter, the time limit for submitting the claim is ordinarily 12 weeks or three months. However, by way of contrast, due to the specific nature of Immigration Law, the specific time limits are comparatively shorter and a Cart Judicial Review must be submitted within sixteen days from when the judgment is handed down by the Upper Tribunal.

Why Is The United Kingdom Introducing these Reforms?

The UK Government drew the attention to the profession of the numerous First Tier Tribunal cases where asylum, immigration, and related matters have been involved and the courts have decided to close the possibility of a person to appeal following a review of the evidence available to it. It aimed to:

• show the British people who voted for the Conservative Government on 13th December 2019 that its manifesto was not just warm words
• prove that the promises made were being delivered
• consign inefficiencies in the Cart Judicial Reviews to the recycling bin of history, especially where a respective appeal court has declined the chance to appeal and
• reduce the impact of delays on the collective court system.

ASSESSING FIRMS

THE ARTICLE WAS WRITTEN USING THE FOLLOWING SOURCES

[1] Boost for public safety as four justice bills receive Royal Assent - Boost for public safety as four justice bills receive Royal Assent - GOV.UK (www.gov.uk)

[2] Cross, Michael – JR Reforms become law as parliament winds down – Law Society Gazette – 28 April 2022 - JR reforms become law as parliament winds down | News | Law Gazette

[3] Cart Judicial Reviews – Duncan Lewis - Cart Judicial Reviews | Duncan Lewis | Duncan Lewis

[4] R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28