Judicial review applications in 2022 down more than a quarter on pre-Covid baseline of 2019: Ministry of Justice

March 3, 2023

There were 2,400 judicial review applications received in 2022, up 5% on 2021 (2,300) but down 28% on 2019 (from 3,400) as a pre-Covid19 baseline, the Ministry of Justice has revealed.

According to the Civil Justice Statistics Quarterly: October to December 2022 (published on 2 March), of the 2,400 applications received in 2022, 860 were civil immigration and asylum applications, 1,400 were civil (other), and 150 were criminal, up 6%, up 4% and up 6% respectively on 2021. 45 of the civil immigration and asylum cases have since been transferred to the Upper Tribunal (Immigration and Asylum Chamber or UTIAC).

More information can be found on the tree map here, which breaks down the topics of all judicial reviews against all departments in 2022. The figures for topics include:

Town and Country Planning: 153 applications
Town and Country Planning Significant: 37
Homelessness: 110
Housing: 56
Age assessment: 85
Education: 61
Community care: 22
Local Government: 17
Licensing: 11
Highways: 8

Of the applications that were made in 2022 in the period January to December, 1,200 (49%) are now closed. The Quarterly reveals that of the total applications, 1,100 reached the permission stage in 2022, and of these:

11% (120) were found to be totally without merit (TWM).
390 cases were granted permission to proceed at first stage and 670 were refused at the permission stage. However, 63 of the cases refused at permission stage went on to be granted permission at the renewal stage.
450 cases have been assessed to be eligible for a final hearing and of these, 86 have since been heard.
of the 86 cases that reached a final hearing, 31 were found in favour of the claimant, the same number of cases found in favour of the defendant.
the mean time from a case being lodged to the permission decision was 79 days, and the mean time from a case being lodged to final hearing decision was 193 days.

In Q4 2022, there were 670 judicial review applications received, up 19% on Q4 2021 (570) and down 16% on Q4 2019 (from 800) as a pre-Covid19 baseline.