Universities: Judicial Review Reforms Following on from the Judicial Review reforms which took place in July last year, the Government has announced that it is taking forward a number of further reforms to the rules governing Judicial Review (“JR”). The changes are designed to ensure the appropriate use of JR and that those challenging the decisions of public bodies face “a fair level of financial risk”. It is also hoped the reforms will reduce unnecessary and costly delays and in respect of planning claims there will be a new specialist Planning Court established within the High Court. The reforms are sparked by the growth in the number of JR applications being brought; despite the fact that only a few succeed. Government is of the opinion that JR has extended beyond its original concept and that claims are “too often” pursued as a campaigning tool or to delay legitimate proposals. The Consultation ran from 6 September 2013 to 1 November 2013 and attracted 325 responses. It was focused on six key areas thought to be capable of reducing the burden of JR. In particular, the Government was focused in speeding up the JR process for planning cases and tackling the improper use of JR. The Government’s intentions to bring forward some of the reforms were set out in December of last year in the announcement of the National Infrastructure Plan and the Chancellor’s Autumn Statement. These were as follows: •The introduction of a specialist Planning Court within the High Court to deal with JRs and statutory appeals relating to Nationally Significant Infrastructure Projects and other planning matters •Lowering the threshold for when a defect in procedure would have made no difference to the original outcome from ‘inevitable’ to ‘highly unlikely’. Procedure will also be established to enable this to be considered earlier in the case at permission stage Additional measures set out in the Government’s consultation response include: •The use of Protective Costs Orders for JRs to those cases deemed “exceptional” and with a “clear public interest” •Establishing a presumption that ‘interveners’ in JR proceedings (such as campaign groups) should be responsible for paying their own and the costs of other parties arising from their intervention •Introducing a requirement for disclosure of details of those financially backing a JR to ensure that costs are allocated fairly •Introducing a requirement that those taking ‘weak’ cases to a second chance oral renewal hearing should be responsible, at least in part, for the other side’s increased legal bills. Further reforms relating to legal aid and other financial matters will also be introduced. Pinsent Masons has extensive experience of working in relation to judicial review claims from a claimant, defendant and interested party perspective. Universities could find themselves party to a JR in any one of these contexts and should be aware of these changes and how they might be affected. •Expanding the criteria for allowing appeals to ‘leapfrog’ directly to the Supreme Court, removing the need for consent of both parties and allowing leapfrog appeals to be brought from more courts and tribunals. 6455 Universities: Judicial Review Reforms For more information, please contact Mike Pocock Partner T: +44 (0)161 250 0223 M: +44 (0)7880 096688 E: [email protected] Jo Miles Senior Associate T: +44 (0)161 234 8390 M: +44 (0)7887 856330 E: [email protected] Elizabeth Wiseman Solicitor T: +44 (0)161 234 8228 M: +44 (0)7827 662292 E: [email protected] Beth Grant Paralegal T: +44 (0)161 234 8306 E: [email protected] This note does not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered. Pinsent Masons LLP is a limited liability partnership registered in England & Wales (registered number: OC333653) authorised and regulated by the Solicitors Regulation Authority and the appropriate regulatory body in the other jurisdictions in which it operates. The word ‘partner’, used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm of equivalent standing. A list of the members of the LLP, and of those non-members who are designated as partners, is displayed at the LLP’s registered office: 30 Crown Place, London EC2A 4ES, United Kingdom. We use ‘Pinsent Masons’ to refer to Pinsent Masons LLP, its subsidiaries and any affiliates which it or its partners operate as separate businesses for regulatory or other reasons. Reference to ‘Pinsent Masons’ is to Pinsent Masons LLP and/or one or more of those subsidiaries or affiliates as the context requires. © Pinsent Masons LLP 2014. 6455 For a full list of our locations around the globe please visit our website: www.pinsentmasons.com