MoJ consults on new court and tribunal rules on funding of judicial reviews

The Government has launched a consultation on proposals aimed at providing greater transparency in how judicial reviews are funded.

The consultation, Reform of Judicial Review: Proposals for the provision and use of financial information, seeks views on the proposals for the Civil Procedure Rules and the Tribunal Procedure Rules to set out that:

• A declaration of funding sources is required on an application for permission;
• Details of third party funding or likely funding in connection with an application for judicial review, need not be provided where the funding is below a threshold of £1,500;
• A more detailed picture of the applicant’s financial circumstances is required on application for a costs capping order than on application for permission.

The Ministry of Justice said: “These proposals will limit the potential for third party funders to avoid their appropriate liability for litigation costs.

“It will also ensure that when costs capping orders are made – limiting or abolishing a party’s costs liability – they are made in appropriate cases.”

The consultation runs until 15 September 2015. The consultation paper can be viewed here.