Tom Hickman and Maurice Sunkin: Success in Judicial Review: The Current Position

Hard to see how genuinely aggrieved individuals access to justice is working in practice when local authorities act ultra vires.

UK Constitutional Law Association

Hickman and SunkinAvid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.

The figure is derived from the statement in the MOJ’s overview of the Civil Justice Statistics Quarterly (October – December 2014) published on 5 March 2015, in which the MOJ said:

“The proportion of all cases lodged found in favour of the claimant at a final hearing has reduced … to 1% in 2013 and has remained the same in 2014.”

The overview provided by the MOJ is unsurprisingly hardly a neutral presentation of the statistics. The statement is clearly intended to tell a story about the futility of the vast majority of judicial review claims, adding fuel to the MOJ-stoked fire that has been raging against judicial review.

In fact the statistic tells the opposite story, as revealed by the underlying tables.

The…

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