Grayling to lead crackdown on “weak and frivolous” judicial reviews

Justice secretary Chris Grayling is to lead a crackdown on “weak, frivolous and unmeritorious” judicial reviews. He said a “package of options” would include new fees and shorter time limits.

In a ministerial statement released this morning, Grayling said there had been a “huge growth” in the use of judicial review, which had expanded “far beyond what was originally intended”.

He went on: “In 1975 there were 160 applications for judicial review, but by 1998 this had grown to around 4,500 applications and to around 11,000 by 2011.

“In 2011, for every application for permission to bring a judicial review that was granted, five were refused (a higher proportion was refused in immigration and asylum cases). In those cases where permission was granted, an even smaller proportion was successful.

“Much of this growth is the result of an increase in applications to review decisions in immigration and asylum cases, but judicial review is also used as a means of challenging other types of decisions, for example, in planning matters, in large infrastructure projects, in procurement exercises and in other key reform programmes.”

Grayling said the government was concerned about the burdens that the growth in judicial reviews put on stretched public services.

“This can lead to unnecessary costs and lengthy delays, and may in some cases stifle innovation and frustrate much-needed reforms, including those aimed at stimulating growth and promoting economic recovery.”

The justice secretary said the government would seek views on a package of options for judicial reviews, including shorter time limits, new fees and restrictions on the opportunities for oral reconsideration of applications for permission.

“The purpose of this is not to deny or restrict access to justice, but to provide for a more balanced and practicable approach, ensuring that weak, frivolous and unmeritorious cases are identified early, and that legitimate claims are brought quickly and efficiently to a resolution,” Grayling said.

“In this way, we can ensure that the right balance is struck between reducing the burdens on public services, and protecting access to justice and the rule of law.”

Prime minister David Cameron is making the crackdown a major part of his speech to the CBI conference today, particularly in the context of planning decisions.