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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
unstar 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
1148889
star this property registered interest false more like this
star this property date less than 2019-10-14more like thismore than 2019-10-14
star this property answering body
Department for Work and Pensions more like this
star this property answering dept id 29 more like this
star this property answering dept short name Work and Pensions more like this
star this property answering dept sort name Work and Pensions 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 Work and Pensions, how many cases of judicial review are active in UK courts to which her Department is a party. more like this
star this property tabling member constituency Birkenhead more like this
star this property tabling member printed
Frank Field more like this
star this property uin 54 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 2019-10-17more like thismore than 2019-10-17
star this property answer text <p>As at 16 October 2019, there are 29 judicial reviews active in the UK courts to which the Department is a party.</p><p> </p> more like this
star this property answering member constituency Eastleigh more like this
star this property answering member printed Mims Davies more like this
star this property question first answered
less than 2019-10-17T14:54:45.99Zmore like thismore than 2019-10-17T14:54:45.99Z
star this property answering member
4513
star this property label Biography information for Mims Davies more like this
star this property tabling member
478
unstar this property label Biography information for Frank Field 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
unstar 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 thisremove minimum value filter
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
unstar 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
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 thisremove minimum value filter
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 thisremove minimum value filter
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
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
169010
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 71, what assessment he has made of when and how the system of judicial review ceased to be based on common sense. 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 217849 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 2014-12-17more like thismore than 2014-12-17
star this property answer text <p>The Government has always been clear that judicial review, when used properly, can be a crucial component of the rule of law.</p><p> </p><p>But in the Government’s view, too often the system is open to abuse, and the common sense reforms, which, following two consultations, the Government has implemented and is seeking to implement, are needed to rebalance the system of judicial review.</p><p> </p><p>In the Government’s view, for example, the creation of a Planning Court, with the assistance of the judiciary, to speed up the consideration of challenges to key projects, is a common sense reform. That reform is now delivering significant improvements. The available evidence suggests planning judicial reviews are now significantly quicker as a result of the reforms which followed the first consultation and the introduction of the Planning Court in April 2014, which followed the second consultation. For those which reach a substantive hearing (i.e. excluding those refused permission or otherwise determined earlier in the process) the average time fell by around 30% from 54 weeks in the 12 months to April 2013 to 39 weeks in the 12 months to September 2014. This is a substantial improvement in advance of the rest of the reforms taking effect.</p><p> </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 2014-12-17T14:02:29.43Zmore like thismore than 2014-12-17T14:02:29.43Z
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
172602
star this property registered interest false more like this
star this property date less than 2015-01-07more like thismore than 2015-01-07
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 amount his Department has spent on legal fees in judicial review cases in which it was found to have acted unlawfully 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 220082 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 2015-01-12more like thismore than 2015-01-12
star this property answer text <p>The Department does not keep a central record of the legal spend and the outcome in every judicial review brought against it or its associated bodies.</p><p> </p><p>To bring together the information sought would incur disproportionate cost.</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 2015-01-12T17:46:03.62Zmore like thismore than 2015-01-12T17:46:03.62Z
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
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