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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

Reforming Judicial Review Costs Rules in an Age of Austerity

Reforming Judicial Review Costs Rules in an Age of Austerity

(p.205) 15 Reforming Judicial Review Costs Rules in an Age of Austerity
The Civil Procedure Rules at 20

Joe Tomlinson

Alison Pickup

Oxford University Press

This chapter explores the institutional dynamic surrounding recent attempts to reform judicial review procedure: a dynamic where the government is both the key designer of and the main ‘repeat player’ litigant in the same process. The chapter focuses on costs and it argues that, over a sustained period of time, the government’s responses to Sir Rupert Jackson’s landmark review’s recommendations on judicial review reveal a worrying tendency to proactively disengage with the range of evidence available, ignore independent proposals, and insulate its policy preferences from debate. The perverse upshot is that, parallel to an independent review that has sought to improve the accessibility of judicial review for claimants, the rules have been tilted further against them.

Keywords:   judicial review, costs reform, austerity, evidence-based reform, Jackson reforms

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