Martin Partington: Spotlight on the Justice System

Decisions on the reform of Judicial Review were taken by the last Coalition Government.

This consultation seeks views on detailed proposals for court and tribunal rules which are needed to bring into effect some of the changes made to juducial review procedures. Thus the consultation paper under review here sets out proposals:

• that a declaration of funding sources is required on an application for permission to bring judicial review;
• that details of third party funding or likely funding in connection with an application for judicial review, need not be provided where the funding is below a threshold of £1,500; and
• that a more detailed picture of the applicant’s financial circumstances is required on application for a costs capping order than on application for permission

The Government argues that these proposals will limit the potential for third party funders to avoid their appropriate liability for litigation costs.

It  also intends that the new rules will ensure that when costs capping orders are made – limiting or abolishing a party’s costs liability – they are made in appropriate cases.

Details of the Consultation, which runs until mid September 2015, are at https://consult.justice.gov.uk/digital-communications/reform-of-judicial-review-proposals-for-the-provis