Following on from our earlier discussion on the potential impact of the Independent Review of Administrative Law (IRAL), the Sunday newspapers have apparently been briefed to expect a proposal for major reforms when Lord Faulks QC publishes the report law this week.
From the limited information available, it appears that one notable proposed change will impact immigration appeals, restricting the ability of legal advisers to challenge decisions from the Upper Tribunal through the Judicial Review process. This would fit squarely with the Government's aim of seeking to address what it considers to be "needless delays", which was part of its 2019 manifesto commitment.
A further point of interest will be the legal profession's reaction to the suggestion that judicial review proceedings need no longer be the automatic preserve of senior judges. Whilst judicial review proceedings rightly command serious consideration from experienced judges, there is a balance to be struck. If the move eased the pressure on the senior judiciary and allowed cases to proceed more expeditiously it could be a positive development for all parties.
We will await the publication of the full report with interest. It remains unclear whether Lord Faulks QC will publish the responses to the IRAL call for evidence, including those from Government departments.
According to the Sunday Telegraph, lord chancellor Robert Buckland will say on Thursday that the government wants to stop the automatic referral of judicial review cases to senior judges. The government will consult on ways to stop lawyers appealing immigration rulings through the different levels of court.