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by Munro Research

Judicial Review and Courts Act 2022


Official Summary

A Bill to Make provision about the provision that may be made by, and the effects of, quashing orders; to make provision restricting judicial review of certain decisions of the Upper Tribunal; to make provision about the use of written and electronic procedures in courts and tribunals; to make other provision about procedure in, and the organisation of, courts and tribunals; and for connected purposes.

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Overview

This bill makes several amendments to existing legislation, primarily focusing on judicial review, the Upper Tribunal, online dispute resolution, inquests, and legal aid. Key changes include limiting appeals from the Upper Tribunal, clarifying inquest procedures, and introducing provisions for payments relating to pro bono legal representation.

Description

The bill introduces several key changes:

Limiting Appeals from the Upper Tribunal

The bill restricts appeals against the Upper Tribunal's decisions on permission to appeal. Appeals to the Supreme Court will only be allowed with leave and only if a point of law of general public importance is involved.

Online Dispute Resolution

The bill grants powers to make rules governing the transfer of information from online dispute resolution services to courts and tribunals, allowing courts to consider participation in such services.

Inquest Procedures

Amendments clarify the language used in relation to inquests and death registration, replacing references to "revealed by post-mortem examination" with "becoming clear before inquest."

It also introduces a new provision requiring coroners to provide information to the registrar when an investigation is discontinued, and adds a new clause concerning public funding for bereaved people's legal representation at inquests where public authorities are involved.

Pro Bono Legal Representation

The bill introduces a mechanism for payments to be made to a prescribed charity in cases where legal representation was provided pro bono in civil courts, tribunals, and the Supreme Court. These payments would be made by the losing party under conditions that would apply had the representation not been free of charge.

Government Spending

The bill's impact on government spending is complex. While it introduces provisions for public funding of legal representation in certain inquest cases (potentially increasing spending), the limitation of appeals could lead to cost savings in the justice system. Precise figures are unavailable from the provided text.

Groups Affected

  • Individuals appealing decisions of the Upper Tribunal: May face more difficulty appealing, resulting in a reduced chance of overturning unfavorable decisions.
  • Participants in online dispute resolution services: Their interaction with courts and tribunals will be affected by new rules.
  • Bereaved individuals: May benefit from increased access to publicly funded legal representation at inquests under specific circumstances.
  • Legal professionals providing pro bono representation: Will see the introduction of a system providing compensation to a designated charity for their work.
  • Public authorities: May face increased legal costs if involved in inquests where public funding for bereaved individuals is granted.
  • Losing parties in civil cases and tribunals: May be required to make payments to a prescribed charity if the winning party received pro bono legal representation.

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