MoJ to tighten test for standing in judicial review cases: report

The Ministry of Justice is to tighten the test for standing to bring judicial review proceedings, The Times has reported.

The proposed reform would mean only those with a direct link to the policy or decision would be able to lodge a challenge. Under the current test, anyone with a “sufficient interest” can bring a JR challenge.

The Times cited a ‘government source’ as saying: “We’re looking at making some changes so that the system isn’t open to abuse by groups who may not have a direct interest in the issue at hand but simply want to cause delay or disruption to plans or generate publicity for themselves.”

The report suggested that the reforms were being driven by Justice Secretary Chris Grayling.

The Times said Grayling was insisting that judicial review would still remain for genuine cases as a way of holding authorities to account.

In a speech to the CBI in November last year, the Prime Minister David Cameron vowed to clamp down on the “massive growth industry” of the judicial review process in Britain.

Subsequent reforms have included shortened time limits for filing a claim form in planning and procurement cases.

The changes also provided that where an application for judicial review is recorded as totally without merit under rule 23.12, the claimant will not be able to request an oral reconsideration of the refusal of permission and that any appeal of that decision is to the Court of Appeal on the papers only.

These measures came into effect on 1 July.