Judicial Review and Courts Bill

ClientEarth argues that Clause 1 of the Judicial Review and Courts Bill, specifically the introduction of prospective-only quashing orders, would weaken the public's right to an effective remedy when public bodies act unlawfully. The briefing contends that these proposals conflict with the UK's obligations under Article 13 of the European Convention on Human Rights and Article 9(4) of the Aarhus Convention, thereby damaging environmental democracy. It further warns that such remedies could allow unlawful decisions to stand, reducing accountability and preventing the protection of the environment from irretrievable harm.

• Clause 1 of the Judicial Review and Courts Bill is likely to erode the rule of law and create unfairness by allowing unlawful decisions to remain in place, which contradicts the UK's commitments under Article 13 of the European Convention on Human Rights and Article 9(4) of the Aarhus Convention.
• The introduction of prospective-only quashing orders threatens environmental democracy in England and Wales because environmental litigation is typically brought in the public interest rather than for personal financial gain, and such remedies may discourage claimants from investing resources to prevent irretrievable environmental harm.
• The UK government's own consultation acknowledged that prospective-only remedies could result in immediate unjust outcomes for individuals already affected by improperly made policies.
• Clause 1 may prevent individuals from pursuing collateral challenges for illegal acts by public authorities, potentially allowing polluters to avoid sanctions for environmental damage and denying claimants other legal redresses like compensation for loss of land.

APA

ClientEarth (2021). Judicial Review and Courts Bill. https://www.clientearth.org/media/5ryprpb3/parliamentary-briefing-judicial-review-and-courts-bill.pdf

Chicago

ClientEarth. Judicial Review and Courts Bill. 2021. https://www.clientearth.org/media/5ryprpb3/parliamentary-briefing-judicial-review-and-courts-bill.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Judicial Review and Courts Bill |date=October 2021 |url=https://www.clientearth.org/media/5ryprpb3/parliamentary-briefing-judicial-review-and-courts-bill.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2021judicial, author = {{ClientEarth}}, title = {{Judicial Review and Courts Bill}}, institution = {ClientEarth}, year = {2021}, month = oct, url = {https://www.clientearth.org/media/5ryprpb3/parliamentary-briefing-judicial-review-and-courts-bill.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }