By Richard Johnstone | 24 April 2013
Justice Secretary Chris Grayling has pledged to stop judicial reviews into government decisions being used as ‘a cheap delaying tactic’ to hold up planning applications and policy changes.
He yesterday announced a series of changes to halt ‘meritless’ cases holding up decisions. Among the reforms coming into effect this summer will be a new court fee for anyone appealing against initial rejection of their case.
Judicial review is a process that allows individuals, businesses and groups to challenge the lawfulness of decisions made by the government, local authorities, other public bodies and those exercising public functions. Recent challenges have been made, for example, to High Speed 2 rail plans and welfare-to-work programmes.
Those seeking judicial reviews first need to submit a written application to a judge to obtain permission for the case to be heard. This can be granted in full, or limited to certain grounds.
If a court refuses permission, the claimants can then request that the decision is reconsidered at a 'hearing in person'. Anyone doing this will now be charged the new court fee of £215 under the government's plans.
Grayling said this would help drive out meritless applications and speed up the court system for people with genuine cases. The number of cases had increased, he said, from 6,692 in 2007 to 11,359 in 2011. However, just one in six were granted permission to proceed beyond the earliest permission stage, and the number ultimately upheld actually fell from 187 to 144 over the same period.
Other changes include introducing a new judgment of ‘totally without merit’ at the first stage. People whose applications fall into this category will be banned from seeking a hearing in person.
In addition, the time limit to launch a review of planning decisions will be reduced from three months to six weeks after the initial decision.
Grayling added: ‘Judicial review should be used by people who have carefully considered whether they have proper grounds to challenge a decision. We are changing the system so it cannot be used any more as a cheap delaying tactic.’
