Govt plans for judicial reviews are “contrary to British tradition”

19 December 2012

Prime Minister David Cameron told the Confederation of British Industry last month he planned to clamp down on “the massive growth industry” of judicial reviews by further restricting time limits on bringing a case to court, upping fees and halving the number of appeals a failed claim can be granted.

Cameron said at the time that many judicial reviews were “pointless”, but they are an important tool for people who want to appeal against the way they have been treated by the state, including if the state is their employer.

An Early Day Motion submitted last week by Liberal Democrat John Hemming appeals to parliament to consider its responsibilities when it comes to judicial reviews carefully.

He asked that parliament “recognises with sadness that at times public servants and public authorities act in ways which are not in accordance with the law” and suggested the reform of judicial reviews could be a fundamental break from the traditional rights of the British people.

“Aiming to price out applications for judicial review would be contrary to British tradition as expressed in Article XXIX of Magna Carta 1297; and calls, therefore, for the Government to take a balanced perspective in any changes to the procedures of judicial review to ensure that protection remains from arbitrary and oppressive actions by public authorities for ordinary people,” Mr Hemming said.

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