David Pojur provides his views on The Administrative Court Judicial Review Guide 2024
The refreshed Administrative Court Judicial Review Guide introduces several key updates aimed at clarifying judicial review procedures:
1. Permission-Stage Replies: A new provision allows for responses to be made at the permission stage of judicial reviews, reflecting the recommendations of the Independent Review of Administrative Law.
2. Evidence Management: The guide emphasises that requests for further information (under CPR Part 18) should be exceptional, with courts only granting such requests when necessary for fair resolution. This underscores the principle of judicial review focusing on the legality of decisions, not fact-finding.
3. Anonymity and Open Justice: A new section clarifies the balance between anonymity, non-disclosure orders, and the principle of open justice, noting that judicial review claims should typically be public unless there are exceptional circumstances.
4. Redactions: The guide advises careful consideration of redactions, particularly emphasising that names or details in documents that provide context should generally not be removed without court approval.
5. In-Person Hearings: The default position is for hearings to take place in person unless an application is made and accepted for a remote hearing. Formal procedures must be followed to request remote hearings.
6. E-Filing System: The introduction of the CE-File system is anticipated in 2024, aiming to streamline the filing process electronically for Administrative Court cases.
These updates reflect an effort to enhance procedural clarity and align the review process with evolving legal standards and of course the ever present procedural rigour.