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Judicial review panel led by Lord Faulks QC issues call for evidence

The Independent Review of Administrative Law (IRAL) has issued a call for evidence “on how well or effectively judicial review balances the legitimate interest in citizens being able to challenge the lawfulness of executive action with the role of the executive in carrying on the business of government, both locally and centrally”.

The IRAL panel is chaired by former minister Lord Faulks QC and includes academics and leading administrative law barristers.

The call for evidence, which can be viewed here, will run until midday on 19 October 2020.

It said: “The panel is particularly interested in any notable trends in judicial review over the last thirty to forty years. Specifically, the panel is interested in understanding whether the balance struck is the same now as it was before, and whether it should be struck differently going forward.”

The document also said the panel would like to hear from people who have direct experience in judicial review cases, including those who provide services to claimants and defendants involved in such cases, from professionals who practice in this area of law; as well as from observers of, and commentators on, the process.

“The panel are particularly interested in receiving evidence around any observed trends in judicial review, how judicial review works in practice and the impact and effectiveness of judicial rulings in resolving the issues raised by judicial review,” it added.

“In accordance with the Terms of Reference, the IRAL are considering public law control of all UK Wide and England and Wales powers only. The panel are therefore interested in receiving evidence in relation to judicial review in its application to reserved, and not devolved, matters.”

The call for evidence includes a request for comment on a questionnaire it is sending to government departments. It also contains questions on codification and clarity, and process and procedure.

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