Government launches independent panel to look at judicial review

  • Government launches Independent review of administrative law
  • Expert panel will examine the need for potential reforms of judicial review
  • Part of government plans to ensure right balance is struck between citizen’s rights and effective governance.

The review will be chaired by Lord Edward Faulks QC, and will consider whether the right balance is being struck between the rights of citizens to challenge executive decisions and the need for effective and efficient government.

The move delivers on a manifesto commitment to ensure the judicial review process is not open to abuse and delay.

Specifically, the review will consider:

  • Whether the terms of Judicial Review should be written into law
  • Whether certain executive decisions should be decided on by judges
  • Which grounds and remedies should be available in claims brought against the government
  • Any further procedural reforms to Judicial Review, such as timings and the appeal process

The review will examine a range of data and evidence, including relevant caselaw, on the development of judicial review and consider whether reform is justified.

The work forms part of the Lord Chancellor’s duty to defend our world-class and independent courts and judiciary that lie at the heart of British justice and the rule of law.

The Lord Chancellor, Robert Buckland QC MP, said:

Judicial review will always be an essential part of our democratic constitution – protecting citizens from an overbearing state.

This review will ensure this precious check on government power is maintained, while making sure the process is not abused or used to conduct politics by another means.

I’d like to thank Lord Faulks and the other panel members for undertaking this important piece of work and look forward to their recommendations.

Chair of the Review, Lord Faulks QC, said:

I am delighted to have been asked to chair the Independent Review of Administrative Law. The panel will bring a wide range of experience and opinion to this important subject.

Together we will examine Judicial Review and the need to strike a balance between the right of citizens to challenge government through the courts and the elected government’s right to govern.

The panel members are esteemed in their respective fields and are drawn from legal practitioners and eminent academics. The proposed panel members are:

  • Lord Faulks QC – Panel Chair
  • Professor Carol Harlow QC
  • Vikram Sachdeva QC
  • Professor Alan Page
  • Celina Colquhoun
  • Nick McBride

Courts and the way they operate are a key part of our constitution. Any recommendations for reform put forward by the panel will therefore be considered by the Lord Chancellor and the Chancellor for the Duchy of Lancaster and Minister for the Cabinet Office, Michael Gove.

The panel will report back later this year.

Notes to editors

  • A short profile of each panel member below:

Lord Edward Faulks QC (Panel Chair)

Lord Edward Faulks (Baron Faulks) is an English barrister and became Queen’s bench Counsel in 1996. He is currently a cross bench peer and was Minister of State for Civil Justice between 2013 – 2016. Since January 2020, he has been the Chairman of the Independent Press Standards Organisation. Previously, he was Chairman of the Professional Negligence Bar Association 2002–04 and Special Advisor to the Department for Constitutional Affairs on compensation culture, 2005–06. He was a member of the Commission on a Bill of Rights (2011 – 2012) which considered whether a British Bill of Rights was required.

Professor Carol Harlow QC

Carol Harlow is a current Emeritus Professor of Law at LSE. She was appointed Queen’s Counsel (honoris causa) in 1996; Fellow of the British Academy in 1999; and Fellow of the London School of Economics in 2005. She was elected a Bencher of the Middle Temple in 2009, is Joint Master of the Garden, and was Lent Reader 2019. She is also a Fellow and Council Member of the British Academy, Fellow of the London School of Economics and Emeritus Member of Society of Legal Scholars. She was awarded a Leverhulme Fellowship in 2002. Currently researching English administrative law, European administrative law and legal and political accountability in the European Union. She is working on a book on European administrative procedures and is the co-author of a seminal work on administrative law.

Alan Page

Alan Page was appointed Professor of Public Law in 1985. He was previously a senior lecturer in the Department of Public Law at the University of Dundee (1981-85). He was previously Head of the Department of Law (2004-2006 and 1985-95), Dean of the Faculty of Law (1986-89) and Head of the Department of Public Law (1981-86). He has acted as a specialist adviser to the Scottish Parliament’s Scotland Bill Committee (2010-11), European and External Relations Committee, (2005-07) and Subordinate Legislation Committee (2004-06); to the European Union; to the OESC’s Office for Democratic Institutions and Human Rights, and the United Nations in respect of many of the ‘transition’ countries of central and eastern Europe and the former Soviet Union. His specialism is in Constitutional Law, Administrative Law and EU law, including comparative constitutional law, law making, regulation, and the role of law in transitional countries, and has published extensively in these areas.

Nick McBride

Nicholas J McBride is a Fellow of Pembroke College, Cambridge. He was formerly a Fellow of All Souls College, Oxford. He is the best-selling author of Letters to a Law Student (4th edition, 2017), (with Roderick Bagshaw) Tort Law (6th edition, 2018), and (with Sandy Steel) Great Debates in Jurisprudence (2nd edition, 2018). He recently published The Humanity of Private Law.

Celina Colquhoun

Celina Colquhoun specialises in all aspects of planning and environmental law and also has good experience in licensing matters. Celina is ranked by Legal 500 (tier 2 in London; tier 1 in the Midlands) and in Chambers & Partners (Band 4) for Planning. She is also rated by Planning Magazine Legal Survey 2019 as amongst the UK’s top planning juniors. She has appeared extensively as an advocate in public inquiries and hearings as well as in the High Court and Court of Appeal. She has acted for and advises a very wide range of public bodies and private parties addressing planning development consents, appeals as well as planning enforcement and the promotion of or objection to development related Orders.

Vikram Sachdeva QC

Vikram Sachdeva is a highly accomplished advocate who has appeared in many significant cases in the higher courts (including the Supreme Court) in a wide range of fields. He has appeared in a number of landmark high-profile cases. Vikram is the Chair of the Constitutional and Administrative Law Bar Association, and also of the Court of Protection Bar Association. He was previously Junior Counsel to the Crown ‘A’ Panel (having been on the ‘B’ and ‘C’ Panels prior to that). In March 2013, whilst still a Junior, he was named The Times’ Lawyer of the Week. His has a wide-ranging practice, and has been specifically recommended in legal directories in Administrative and Public law and Civil Liberties and Human Rights. He taught Administrative law at Cambridge University, and Tort and Criminal law at Oxford University for a number of years.

Terms of Reference for the Independent Review of Administrative Law (PDF, 124 KB, 2 pages)




Information campaign to support UK nationals in Greece

The UK Government has launched a public information campaign across Europe to help UK nationals prepare for the end of the UK’s transition period on 31 December.

UK nationals living in Greece will receive information about specific actions they need to take to keep their rights and access to services in Greece, including around residency, healthcare, driving licences and passports.

The campaign will use multiple channels – including Facebook, digital media and newspaper advertising in Greece – urging people to take necessary action to protect their rights so that they can continue living, working and travelling in Europe after the transition period.

In addition to this major information campaign, the British Embassy in Athens has already been working with community groups and directly with UK nationals to inform and reassure them.

This includes providing information and support through town hall information meetings and question and answer sessions with Ambassadors and Consular experts.

British Ambassador to Greece Kate Smith CMG said:

Protecting the rights of UK nationals is an absolute priority for us. That’s why we have been providing advice and reassurance to UK nationals, to make sure they have all the information they need and certainty about their rights.

Brits in Greece should visit our Living in Greece guide where they can find out about the steps they need to take and get important information about residency, healthcare, passports and driving licences in Greece.

The UK Government also announced last year up to £3 million in grant funding for charities and other voluntary organisations to provide practical support to help vulnerable UK nationals who may struggle to complete residency or registration applications – for example those who have mobility difficulties, are disabled or elderly. These groups may need extra help to complete any paperwork in preparation for the end of the transition period.

This extra assistance will build on the support that British Embassies are already providing with more than 775 events with UK nationals since November 2017.

British Ambassadors from across Europe have recorded a video encouraging UK nationals to take action which can be found on the Brits in Greece Facebook page.

In addition to this, our Living in Guides on GOV.UK provide the latest advice to UK nationals, however, over the coming weeks we are stepping up our engagement across Europe and launching an information campaign to further explain what actions UK nationals need to take within the country where they live. Visit the Living in Greece guide for up to date information on what actions to take

  • UK nationals in the EU need to take action to secure their rights, such as applying for a new residence status or registering for residency in their member state if they haven’t done so already

  • the Foreign Office has launched a campaign through embassies across Europe, engaging with UK nationals who are resident, studying or travelling to the EU and signposting people to ‘Living In Guides’ on GOV.UK with specific information for each country

  • the £3 million in grant funding for charities is part of the UK Nationals Support Fund announced last year. This provides funding to third party organisations to support UK nationals living in EU/EFTA countries who may struggle to complete residency or registration applications in the Member State where they live. The fund has been fully allocated to organisations including Age in Spain, The AIRE Centre, Asociación Babelia, CIFSA, Franco British Network, International Organisation for Migration (IOM) and The Armed Forces Charity (SSAFA).

  • our network of embassies and consulates across Europe have held over 775 outreach events with UK nationals since November 2017 to understand their concerns and explain actions they need to take. These events have reached over 410,000 people since November 2017




The Environment Agency offers online consultation on next phase of the £25m Carlisle flood risk management scheme

Press release

Business owners and residents are invited to have their say on the proposed works for Phase two of the scheme as part of this consultation.

  • Works on Phase two will see over 80 properties and key infrastructure protected, such as the Sands Centre.

  • Phase one works are ongoing and will improve protection to 1279 homes and 107 businesses.

Carlisle residents are invited to share their thoughts on Phase two of the Carlisle flood risk management scheme as an online consultation opens today (31 July 2020).

The consultation will provide an opportunity for people to find out more about managing the impact of future flooding in their local area as well as view the proposed planning designs and developments for the scheme. Work compounds will be created in the Bits Park and Swifts car park area from the 5th of August, with works due to start later that month under permitted development. Works will be carried out in line with the Government’s most up-to-date advice and workers have implemented social distancing measures.

Due to the COVID-19 pandemic and social distancing measures, residents and business owners are invited to find out more on line by visiting www.thefloodhub.co.uk/carlisle-phase-2.

Stewart Mounsey, EA Flood Risk Manager for Cumbria said:

“Since flooding in early Dec 2015, which saw large parts of the community affected, the Environment Agency has been working hard to better protect the area in the future.

We continue to work closely with partners and the community and works on Phase one of the scheme are well underway. We are pleased to share this consultation for Phase two works today and encourage local residents and business owners to find out more about our proposed plans and share their thoughts with us.

The current situation means that we are unable to run face-to-face meetings but we will ensure that we answer any questions that people may have and carefully consider suggestions in the same way as usual.”

The consultation will be open from 31 July and throughout August.

Planning submission for Phase two works is scheduled for late August.

Published 31 July 2020




John Lockhart to join the Forest Services Board

The Forestry Commissioners have appointed John Lockhart, Chairman of forestry and environmental planning consultancy Lockhart Garratt, as a new non-executive to the Forest Service Board, for three years commencing on 1 August 2020.

Welcoming him to his new role, Sir William Worsley said:

John’s appointment completes a strong non-executive team required to lead, challenge and support Forest Services at this pivotal time. With his wealth of commercial forestry experience, John is the perfect complement to Hilary Allison, Liz Philip and Sandy Storrie. John’s expertise will be invaluable in guiding improvements to our offer to landowners, vital for achieving our woodland creation and management ambitions.

John said:

I have always sought to work alongside Forest Services in support of our shared objectives. As a non-executive I look forward to bringing my enthusiasm and experience to the Forest Services Board. My aim is to provide constructive independent criticism and challenge, together with real support and an absolute focus on finding practical and deliverable solutions.

As Chairman of Lockhart Garratt since its inception in 1998, John has helped develop the company to become one of the leading independent forestry and environmental planning consultancies in central England. His personal focus has been on exploring and expanding opportunities for lowland forestry and woodlands in England. Clients have included several major lowland forest properties, local authorities, the Royal Forestry Society and the National Forest Company.

John was also Chairman of the Royal Institution of Chartered Surveyors (RICS) Rural Professional Board and supported the development of guidance and understanding around Natural Capital, Ecosystem Services and Green Infrastructure opportunities in the rural sector. He has long worked closely with Forest Services, representing the land management sector on behalf of RICS, including on the Applicants Focus Group, National Tree Safety Group, and the Ash Health and Safety Task Force. Most recently he has worked with Forest Services on blended finance for forestry, the Woodland Carbon Guarantee, Biodiversity net gain and to bring large scale woodland creation projects forward in conjunction with strategic development proposals.

John commented:

I feel passionately about developing the business case for trees, forestry and woodland in recognition of the huge benefits that they provide to society and the role they can play in enhancing our Natural Capital and so I welcome this opportunity to positively influence strategy.

All appointments to the Forestry Commission are made on merit and political activity plays no part in the selection process. The appointments comply with the Ministerial Code of Governance on Public Appointments. There is a requirement for appointees’ political activity (if significant) to be declared. John has declared that he has not taken part in any political activity in the past five years.




Rare tick-borne infections diagnosed in England

Public Health England (PHE) can confirm the diagnosis of a case of babesiosis and a probable case of tick-borne encephalitis (TBE) in England. This is the first record of a UK-acquired case of babesiosis and the second case of TBE being acquired in the UK.

Babesiosis is caused by a parasite which infects red blood cells whilst TBE is a viral infection that affects the central nervous system. Both are rare infections spread by the bite from an infected tick.

Both patients have been transferred to hospital, where they are receiving appropriate treatment and supportive care.

PHE regularly undertakes work to understand the potential risks of tick-borne infections in England. This year, PHE has surveyed sites in Devon close to where the person with babesiosis lives, collecting and testing hundreds of ticks – all tested negative for the parasite which causes babesiosis.

PHE has tested deer blood samples from Hampshire in areas near to where the person with probable TBE lives and they have shown evidence of likely TBE virus infection, which matches similar results found in 2019.

The risk of babesiosis or TBE for the general public is very low. However, a number of infections can develop following a tick bite, including Lyme disease, and there are things we can all do to reduce our risk of being bitten by ticks while enjoying the outdoors this summer.

It is important to ‘be tick aware’ and take precautions to reduce your risk of being bitten by ticks when enjoying green spaces this summer including:

  • keeping to footpaths and avoiding long grass when out walking
  • wearing appropriate clothing such as a long-sleeved shirt, and trousers tucked into your socks makes it less likely that a tick will bite and attach
  • considering the use of repellents containing DEET
  • making it a habit to carry out a tick check regularly when you’re outdoors and when you get home
  • if you have been bitten by a tick, it should be removed as soon as possible using fine tipped tweezers or a tick removal tool which is sold by many outdoor stores, vets and pharmacies. Grasp the tick as close to the skin as possible and pull upwards slowly and firmly. Once removed, wash your skin with water and soap, and apply an antiseptic cream to the skin around the bite
  • contact your GP promptly if you begin to feel unwell, remembering to tell them you were bitten by a tick or recently spent time outdoors

Dr Katherine Russell, Consultant in the Emerging Infections and Zoonoses team at PHE, said:

It is important to emphasise that cases of babesiosis and TBE in England are rare and the risk of being infected remains very low. Lyme disease remains the most common tick-borne infection in England.

Ticks are most active between spring and autumn, so it is sensible to take some precautions to avoid being bitten when enjoying the outdoors. Seek medical advice if you start to feel unwell after a tick bite.

About babesiosis

Most people with babesiosis will have either no symptoms or mild symptoms of infection; people with weakened immune systems can become very ill and present with flu-like symptoms such as fever, chills, muscle ache, fatigue, and jaundice.

About TBE

Around 2 thirds of people with TBE infections will have no symptoms. For those who develop symptoms, there are often 2 phases. The first is associated with flu-like symptoms such as fever, headache and fatigue. This can then progress to a more serious second phase that involves central nervous system, which can lead to meningitis, encephalitis and paralysis.

If you develop flu-like symptoms after being bitten by a tick, visit your GP.

Go to hospital if you:

  • get a stiff neck and a severe headache
  • get pain when looking at bright lights
  • have a seizure (fit)
  • have a change in behaviour – such as sudden confusion
  • develop weakness or loss of movement in part of the body