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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: 01 August 2021

Interventions in Judicial Review Proceedings

Interventions in Judicial Review Proceedings

(p.75) 6 Interventions in Judicial Review Proceedings
The Civil Procedure Rules at 20

Nathalie Lieven

Oxford University Press

This chapter examines the growth and value of interventions in judicial proceedings. It argues the exponential growth in interventions is largely attributable not to the CPR, but the introduction of the Human Rights Act. The decision whether or not to allow an intervention, and then whether to give any weight to its content is wholly discretionary. Interventions are part of a wider trend to an increasingly inquisitorial jurisdiction, beyond the adversarial contest between the parties. Two reasons for the growth in interventions are courts’ willingness to take into account broader policy considerations in judicial review proceedings, and relatedly the willingness of the courts to hear international law and comparative law arguments and place weight on them. The Supreme Court, in particular, has encouraged interventions in recent years, and Baroness Hale has made clear in writing how useful she finds them. Although interveners are now subject to the risk of adverse costs orders under the Criminal Justice and Courts Act 2015 for interventions deemed to be unhelpful, to date these provisions do not appear to have been applied, which suggests that that this part of the Government’s efforts to discourage interveners has been unsuccessful.

Keywords:   interventions, interveners, judicial review, Human Rights Act 1998, Criminal Justice and Courts Act 2015, adversarial process, inquisitorial process, costs

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