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But costs shake-up could still hurt taxpayers, warn campaigners
The Ministry of Justice (MoJ) has abandoned a proposal that would have put judicial review beyond the reach of many citizens.
The department had planned to disallow groups and individuals without a direct interest to bring reviews on behalf of others.
The change was in part to prevent abuse of the system by parties seeking publicity, but was heavily criticised by representative bodies, which insisted that people unable to easily raise judicial challenges should continue to have standing to bring such claims.
The Low Incomes Tax Reform Group (LITRG) was one of the organisations that campaigned against the MoJ’s plan.
The charity’s technical director, Robin Williamson, welcomed the u-turn but warned that the government still intends to implement a shake-up of the costs regime for judicial reviews.
“These will further reduce access to a remedy that is already out of reach of most ordinary citizens, and which is increasing in importance as statutory appeal rights become more restricted,” he said, stressing the LITRG’s opposition to the withdrawal of protective costs orders from claimants “who would not so much benefit if they were successful as suffer a loss if they were unsuccessful, such as having a tax liability or penalty imposed upon them, or welfare entitlement withdrawn or denied.”
Williamson added, “If judicial review applications were able to be heard in the First-tier Tribunal, that would both contain costs of the proceedings and enable parties to contest the action in a costs-free environment.”
The LITRG has recommended to the MoJ that the lower courts and tribunals should be empowered in some cases to reach decisions on matters involving the application of judicial review principles, but the government department does not intend to take up the suggestion.
