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168350

	registered interest
	date	05/12/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judicial Review
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Hammersmith
	tabling member printed	Mr Andy Slaughter
	uin	217565
	answer	answer is ministerial correction date of answer 10/02/2015 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> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara question first answered 10/02/2015 17:40:55 answering member 1496 label Biography information for Shailesh Vara
	tabling member	1516 label Biography information for Andy Slaughter

169009

	registered interest
	date	09/12/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judicial Review
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Hammersmith
	tabling member printed	Mr Andy Slaughter
	uin	217848
	answer	answer is ministerial correction date of answer 19/01/2015 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> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 19/01/2015 16:59:01 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	1516 label Biography information for Andy Slaughter