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Judicial review update

Mike Fordham and Jane Mulcahy summarise the latest changes to judicial review and costs

18 October 2002

Practical changes Times are changing in the world of judicial review procedure and the Administrative Court. Lord Justice Scott Baker, the former head of the Administrative Court, was appointed to the Court of Appeal from 1 October 2002. He is succeeded by Maurice Kay J. Kay J was appointed a High Court judge in 1995. Between 1996 and 1999 he was a presiding judge of the Wales and Chester Circuit. Prior to his move to the Court of Appeal, Scott Baker J gave his annual statement ([2002] 1 All ER 633). He particularly emphasised three developments:
  • The decision of the Court of Appeal in R (Cowl) v Plymouth City Council [2001] EWCA Civ 1935, [2002] 1 WLR 803, underlining the importance of resolving disputes by alternative means wherever possible and using judicial review as a last resort.
  • The pre-action protocol for JR which came into force on 4 March 2002, and the revamping of the N461 claim form in the light of users’ experience (see below).
  • An u...
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