Thread by @JUSTICEhq

MPs will shortly debate the Judicial Review and Courts Bill #JRandCourtsBill #JudicialReviewBill.

This thread covers Part 1 of the Bill which relates to judicial review (1/10) →

Clause 1 would introduce two new remedies for #judicialreview – prospective only quashing orders and suspended quashing orders. (2/10)

Prospective only remedies risk undermining ordinary citizens’ ability to hold the government to account and deny redress for people who have been affected by unlawful government action – we are calling for them to be removed from the Bill. (3/10)

Where a prospective only quashing order is used, unlawful measures will be treated as if they were lawful up until the point of the order – this means people could be prosecuted or have a criminal record under an unlawful statutory instrument. (4/10)

Or people who have suffered mistreatment due to unlawful actions (e.g. unlawful imprisonment) would not be able to bring a claim for compensation. (5/10)

#JRandCourtsBill #JudicialReviewBill

Not only does the bill introduce these remedies but it also contains a presumption requiring their use in certain circumstances – this is entirely at odds with the Government’s stated aim of increasing the courts’ remedial discretion. (6/10)

Clause 2 would remove Cart Judicial Reviews – judicial review of the Upper Tribunal’s refusal of permission to appeal.

Cart JRs prevent cases being wrongly decided due to legal errors. (7/10)

They largely involve asylum and human rights appeal and prevent individuals suffering serious human rights abuses – in some cases they can be the difference between life and death. (8/10)

We are calling for the removal of Clause 2 from the Bill.

You can read our briefing here, and follow us to see what we’re doing as the Bill progresses. (9/10)

bit.ly/2ZZBTdv

This afternoon we'll be posting more threads on different parts of the Judicial Review and Courts Bill - make sure to follow us.⚖️

#JudicialReviewBill #JRandCourtsBill