Crackdown on baseless legal claims

The UK Government is considering significant reforms to judicial review processes in order to expedite housing and infrastructure projects currently hindered by legal challenges. In a consultation launched on Thursday 16 July, officials are exploring ways to extend reforms beyond Nationally Significant Infrastructure Projects (NSIPs) to encompass vital developments such as housing, transport, and energy initiatives, including solar projects and affordable home construction. While judicial review is essential for safeguarding the public interest, the Government aims to introduce measures that would limit repeated failed claims and establish clearer court timetables.

Minister for Courts and Legal Services, Sarah Sackman KC MP, emphasised the need for a balanced approach by stating "Britain needs more homes, better transport links and new infrastructure. Legal challenges which lack merit should not be allowed to hold back the developments that create jobs, drive growth and strengthen communities." She further highlighted the importance of ensuring that "Judicial review will remain a vital safeguard, but it cannot be a vehicle for delay."

The consultation, which will last six weeks, comes in light of the Government’s ambitious goal to make 150 significant infrastructure decisions during this Parliament, following the approval of 42 major projects already. These planned reforms are rooted in previous changes made through the Planning and Infrastructure Act 2025, which aimed to streamline the judicial review process for NSIPs. It is anticipated that targeted reforms could deter weak claims and resolve cases in a more timely manner, ultimately fostering economic growth.

The consultation will also explore whether the proposed reforms should cover other strategically important developments while ensuring that court resources are not overwhelmed. Recent figures indicate that approximately 392,400 homes have been delivered since the start of this Parliament, contributing to the Government's overarching target of 1.5 million homes by mid-2026.

Additionally, upcoming changes set to take effect next week include the removal of mandatory pre-application consultation requirements for NSIPs, which could potentially save the industry £1 billion and significantly reduce the planning process by almost a year. With these ongoing efforts, the Government aims to create a more efficient planning system that can meet the housing and infrastructure needs of the UK.