The Need for Procedural Rigour in Judicial Review Cases

Abstract

2. In this article, previous examples of the courts marking their disapproval are summarised. Against that backdrop four cases from 2020 are considered as well as Swift J’s suggestions for clarifying the Pt 54 Practice Directions. Consideration is given then to the possible sanctions, such as adverse costs orders, that may address these issues and whether there is straightforward solution to discouraging a lax attitude which does not risk unfairness or which is workable in every situation. Finally, an assessment is made that concludes that there is a real risk that the courts’ disapproval may fall more frequently on claimants’ and defendants’ representatives in the form of referrals if the courts continue to feel that cases are not brought with sufficient procedural rigour and care.