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100080
star this property registered interest false more like this
star this property date less than 2014-10-21more like thismore than 2014-10-21
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, how many judicial reviews there were involving Government departments according to records held by the (a) Treasury Solicitor and (b) Administrative Court Office in each of the last four years; and how many such reviews were upheld in whole or in part in each such year. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 211271 more like this
star this property answer
answer
star this property is ministerial correction true more like this
star this property date of answer less than 2014-10-28more like thismore than 2014-10-28
star this property answer text <p>The Treasury Solicitor’s Department holds records relating only to those cases in which it has acted. The Treasury Solicitor represents most, but not all, government departments in litigation. For example, Her Majesty’s Revenue and Customs normally conducts its own litigation. According to records held by the Treasury Solicitor, the number of judicial reviews involving government departments in which it has acted in each of the last four years is as follows:</p><p>2010 – 8,566</p><p>2011 – 9,603</p><p>2012 – 10,274</p><p>2013 – 16,449</p><p>Information relating to how many of those reviews were upheld in whole or in part in each year is not held centrally and could not be created without incurring disproportionate cost.</p><p><del class="ministerial">The Administrative Court Office does not collate the information requested centrally and determining the number of reviews and how many such reviews were upheld in whole or in part would incur a disproportionate cost.</del></p><p><ins class="ministerial">The information requested in respect of the Administrative Court Office is published online at <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/267408/additional-court-tables-2012.xls" target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/267408/additional-court-tables-2012.xls</a> . The 2013 data is not currently available.</ins></p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Mr Robert Buckland more like this
star this property question first answered
less than 2014-10-28T15:10:43.167Zmore like thismore than 2014-10-28T15:10:43.167Z
star this property question first ministerially corrected
less than 2015-01-05T17:35:17.82Zmore like thismore than 2015-01-05T17:35:17.82Z
star this property answering member
4106
star this property label Biography information for Robert Buckland more like this
star this property previous answer version
24759
star this property answering member constituency South Swindon more like this
star this property answering member printed Mr Robert Buckland more like this
star this property answering member
4106
star this property label Biography information for Robert Buckland more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
100203
star this property registered interest false more like this
star this property date less than 2014-10-21more like thismore than 2014-10-21
star this property answering body
Department of Health more like this
star this property answering dept id 17 more like this
star this property answering dept short name Health more like this
star this property answering dept sort name Health more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Health, how many judicial review cases have been successfully brought against his Department in each year since 2010. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 211303 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-24more like thismore than 2014-10-24
star this property answer text <p>The following table shows the number of judicial review cases brought against the Department and Public Health England (PHE) since 2010. Until 2013, information was not held centrally on whether the decisions challenged in these applications were upheld.</p><p> </p><p><strong> </strong></p><p> </p><table><tbody><tr><td><p>Year</p></td><td><p>Department of Health</p></td><td><p>Public Health England (an executive agency of the Department)</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>Number of applications for judicial review made during year</p></td><td><p>Number of applications for judicial review made during year</p></td><td><p>Number of applications upheld during year</p></td></tr><tr><td><p>2010</p></td><td><p>35</p></td><td><p>-</p></td><td><p>-</p></td></tr><tr><td><p>2011</p></td><td><p>26</p></td><td><p>-</p></td><td><p>-</p></td></tr><tr><td><p>2012</p></td><td><p>27</p></td><td><p>-</p></td><td><p>-</p></td></tr><tr><td><p>2013</p></td><td><p>29</p></td><td><p>1*</p></td><td><p>2**</p></td></tr><tr><td><p>2014</p></td><td><p>11 to date</p></td><td><p>0 to date</p></td><td><p>0 to date</p></td></tr></tbody></table><p> </p><p> </p><p> </p><p>*This application was made prior to 31 March 2013, before the formation of PHE.</p><p> </p><p>** These were successful challenges against decisions of the Department of Health, the two applications were joined and dealt with together.</p><p> </p>
star this property answering member constituency Battersea more like this
star this property answering member printed Jane Ellison more like this
star this property question first answered
less than 2014-10-24T12:25:27.190569Zmore like thismore than 2014-10-24T12:25:27.190569Z
star this property answering member
3918
star this property label Biography information for Jane Ellison more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
425147
star this property registered interest false more like this
star this property date less than 2015-10-30more like thismore than 2015-10-30
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, how many (a) search and (b) surveillance warrants issued by a judge have been subject to judicial review in each of the last five years. more like this
star this property tabling member constituency Haltemprice and Howden more like this
star this property tabling member printed
Mr David Davis more like this
star this property uin 14186 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-11-10more like thismore than 2015-11-10
star this property answer text <p>Figures on the numbers of search warrants and surveillance authorisations subject to judicial review are not held centrally.</p> more like this
star this property answering member constituency South Holland and The Deepings more like this
star this property answering member printed Mr John Hayes more like this
star this property question first answered
less than 2015-11-10T17:00:35.077Zmore like thismore than 2015-11-10T17:00:35.077Z
star this property answering member
350
star this property label Biography information for Sir John Hayes more like this
star this property previous answer version
27749
star this property answering member constituency Hemel Hempstead more like this
star this property answering member printed Mike Penning more like this
star this property answering member
1528
star this property label Biography information for Sir Mike Penning more like this
star this property tabling member
373
unstar this property label Biography information for Mr David Davis more like this
100213
star this property registered interest false more like this
star this property date less than 2014-10-21more like thismore than 2014-10-21
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
star this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, how many judicial review cases have been successfully brought against her Department in each year since 2010. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 211302 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-24more like thismore than 2014-10-24
star this property answer text <p>No central records are kept of the number of judicial reviews successfully brought against the department since 2010 and it would incur disproportionate cost to try to acquire this information.</p><p> </p><p> </p><p> </p> more like this
star this property answering member constituency Staffordshire Moorlands more like this
star this property answering member printed Karen Bradley more like this
star this property question first answered
less than 2014-10-24T16:02:04.7052036Zmore like thismore than 2014-10-24T16:02:04.7052036Z
star this property answering member
4110
star this property label Biography information for Karen Bradley more like this
star this property previous answer version
24146
star this property answering member constituency Staffordshire Moorlands more like this
star this property answering member printed Karen Bradley more like this
star this property answering member
4110
star this property label Biography information for Karen Bradley more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
169009
star this property registered interest false more like this
star this property date less than 2014-12-09more like thismore than 2014-12-09
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, pursuant to the contribution of the Secretary of State for Justice on 1 December 2014, Official Report, column 72, what the evidential basis was for his statement that minor technicalities in process have been used as an excuse to bring judicial review. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 217848 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-01-19more like thismore than 2015-01-19
star this property answer text <p>The Government accepts that failures of procedure can amount to substantive unlawfulness, and that judicial review is a crucial mechanism by which such unlawfulness is considered and remedied by the court.</p><p> </p><p>However, we are concerned by the continuing potential for a judicial review to be brought on minor technical points which could not have, or which were highly unlikely to have, substantially affected the outcome for the applicant.</p><p> </p><p>The potential for this type of challenge has been recognised by the courts, which have developed an approach in case law under which, if the outcome would inevitably have been the same even if the alleged defect had not occurred, the court can refuse the remedy sought – see, for example, <em>R v The Chief Constable of the Thames Valley Police, ex parte Cotton</em> [1990] IRLR 344.</p><p> </p><p>However, in the Government’s view the ‘inevitable’ threshold is too high to deal effectively with claims brought on minor technical points. Consequently, in clause 64 of the Criminal Justice and Courts Bill (as introduced into the House of Lords), the Government is legislating to provide for a ‘highly likely’ threshold.</p>
star this property answering member constituency Hemel Hempstead more like this
star this property answering member printed Mike Penning more like this
star this property question first answered
less than 2015-01-19T16:59:01.447Zmore like thismore than 2015-01-19T16:59:01.447Z
star this property answering member
1528
star this property label Biography information for Sir Mike Penning more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
100225
star this property registered interest false more like this
star this property date less than 2014-10-21more like thismore than 2014-10-21
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, in how many judicial review cases his Department has unsuccessfully intervened since 2010. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 211304 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-24more like thismore than 2014-10-24
star this property answer text <p>The purpose of an intervention in a judicial review should be to help the court decide the case.</p><p>Details of interventions made by this department since 2010 are not held centrally.</p><p> </p> more like this
star this property answering member constituency Bermondsey and Old Southwark more like this
star this property answering member printed Simon Hughes more like this
star this property question first answered
less than 2014-10-24T13:43:52.4006926Zmore like thismore than 2014-10-24T13:43:52.4006926Z
star this property answering member
194
star this property label Biography information for Simon Hughes more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
58436
star this property registered interest false more like this
star this property date less than 2014-06-05more like thismore than 2014-06-05
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, what assessment he has made of the potential effect of the new judicial review regulations on people who are fighting eviction or the repossession of a house. more like this
star this property tabling member constituency Bolton North East more like this
star this property tabling member printed
Mr David Crausby more like this
star this property uin 199208 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-06-12more like thismore than 2014-06-12
star this property answer text <p>Judicial review is an important way of challenging decisions by public authorities and will remain so. The recently amended regulations do not prevent people receiving legal aid in judicial review cases.</p><p> </p><p>The Government's policy is that limited legal aid resources should be targeted at those judicial review cases where they are needed most, if the legal aid system is to command public confidence and credibility. We amended the Civil Legal Aid (Remuneration) Regulations 2013 to implement the proposal that legal aid providers should only be paid for work carried out on an application for permission if permission is given by the court, subject to a discretion to pay providers for work carried out on an application for permission in cases that conclude prior to a permission decision. The discretion is held by the Lord Chancellor but will be exercised by the Legal Aid Agency (LAA) on behalf of the Lord Chancellor. The amendments took effect on 22 April 2014.</p><p> </p><p>An assessment of the impacts of this policy was published alongside the consultation response paper <em>Judicial Review: Proposals for Further Reform: the Government Response</em> and is available at <a title="blocked::https://consult.justice.gov.uk/digital-communications/judicial-review" href="https://consult.justice.gov.uk/digital-communications/judicial-review" target="_blank">https://consult.justice.gov.uk/digital-communications/judicial-review</a>. It is important to reiterate that no change has been made to the availability of civil legal aid to individuals or to eligibility for legal aid for judicial review proceedings. Where a client is in receipt of legal aid, he or she will remain so for the life of the case (unless it is withdrawn for other reasons). We consider that there will remain sufficient providers who undertake judicial review work, taking on cases which they consider to be of merit.</p><p> </p><p>The Government plans to undertake a post-implementation review of the legal aid provisions within the Legal Aid, Sentencing and Punishment of Offenders Act 2012 within 3-5 years of implementation. The review will include an assessment of the impact of this change.</p>
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property question first answered
less than 2014-06-12T15:50:47.8671056Zmore like thismore than 2014-06-12T15:50:47.8671056Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
437
unstar this property label Biography information for Sir David Crausby more like this
100229
star this property registered interest false more like this
star this property date less than 2014-10-21more like thismore than 2014-10-21
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many judicial review cases have been successfully brought against his Department in each year since 2010. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 211301 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-24more like thismore than 2014-10-24
star this property answer text <p>It has not been possible to access this information within the time limit but I will provide an answer in due course.</p> more like this
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property question first answered
less than 2014-10-24T11:58:57.219457Zmore like thismore than 2014-10-24T11:58:57.219457Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
168350
star this property registered interest false more like this
star this property date less than 2014-12-05more like thismore than 2014-12-05
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, pursuant to his contribution of 1 December 2014, Official Report, column 72, on the Criminal Justice and Courts Bill, what estimate he has made of the number of applications for judicial review which were granted on minor technicalities since 2010. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 217565 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-02-10more like thismore than 2015-02-10
star this property answer text <p>The Government has not made an estimate of the number of applications for judicial review which are granted on procedural defects or minor technicalities. Judicial review applications are not recorded in an accessible and reliable electronic form, but rather in paper case files which would need to be manually searched and as such there is no central figure. However, those involved in judicial reviews, including government departments, local authorities and businesses, are fully aware of the ways in which the judicial review process can be misused.</p><p>One of the reforms we are taking forward in the Criminal Justice and Courts Bill (clause 84 of the print of the Bill currently awaiting Royal Assent) is to improve the way the courts deal with judicial reviews based on procedural defects. This is an important part of the Government’s programme to tackle public burdens, promote growth and stimulate economic recovery.</p> more like this
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property question first answered
less than 2015-02-10T17:40:55.533Zmore like thismore than 2015-02-10T17:40:55.533Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this
169008
star this property registered interest false more like this
star this property date less than 2014-12-09more like thismore than 2014-12-09
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Judicial Review remove filter
unstar this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, pursuant to the contribution of the Secretary of State for Justice on 1 December 2014, Official Report, column 73, on how many occasions in the last two years each government department has been threatened with judicial review; and in each such case, whether judicial review proceedings were subsequently (a) launched and (b) successful. more like this
star this property tabling member constituency Hammersmith more like this
star this property tabling member printed
Mr Andy Slaughter more like this
star this property uin 217847 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-12-15more like thismore than 2014-12-15
star this property answer text <p>This information is not available. A ‘threat’ of judicial review could range for example from a pre-action letter sent to a central government department to an oral suggestion made at a stakeholder meeting.</p><p> </p><p>It is crucial that judicial review continues to hold public authorities to account for the right reasons. The Government’s reforms strike a fair and sensible balance between limiting the potential for the abuse of judicial review and protecting its vital role as a check on public authorities.</p><p> </p> more like this
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property question first answered
less than 2014-12-15T15:27:53.507Zmore like thismore than 2014-12-15T15:27:53.507Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
1516
unstar this property label Biography information for Andy Slaughter more like this