As the Bill moves to Report Stage in the House of Lords, we’re calling for the two key changes to improve government accountability and reinstate important safety nets for accessing justice.

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As drafted, the Judicial Review and Courts Bill will make this and future governments less accountable for their actions and make it harder for people to defend their rights through the courts – but this can be remedied through:

  1. The removal of the presumption in Clause 1 in favour of judges issuing “suspended” or “prospective-only” quashing orders. Quashing orders allow judges to invalidate illegal government acts. Weakening these orders through Clause 1 would weaken the accountability of government.
  2. Modifications to Clause 2 which abolishes Cart judicial reviews: an important judicial check against errors made in the tribunals system. This would exclude courts from considering issues such as actual or perceived bias in a tribunal or a tribunal’s failure to assess obviously relevant considerations in its decision making. With so much at stake for individuals and the rule of law, Cart JRs must remain in the Bill.

We urge Peers to accept these amendments and take the opportunity of Report Stage to remedy some of the worst implications of this Bill.

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