Criminal Justice and Courts Bill — Clauses 65 and 66 — Judicial Review Application — Requirement to Provide Financial Information — 13 Jan 2015 at 18:34

The majority of MPs voted to require information on the source of financial support for a judicial review application be provided to a court.

MPs were considering the Criminal Justice and Courts Bill^[1].

The motion supported by the majority of MPs taking part in this vote was:

• That this House insists on its disagreement to Lords amendments 103, 104, 105 and 106, and proposes its amendments (a) and (b) in lieu.

The Lords amendments stated^[2]

• 103 Page 66, line 10, after “paragraph” insert “or, notwithstanding a failure to do so, the court in its discretion considers that it is nevertheless appropriate to grant the applicant leave to make the application for judicial review”
• 104 Page 66, line 32, after “paragraph” insert “or, notwithstanding a failure to do so, the tribunal in its discretion considers that it is nevertheless appropriate to grant the applicant permission or leave to apply for relief” Clause 66
• 105 Page 67, line 1, leave out “must” and insert “may”
• 106 Page 67, line 7, leave out “must” and insert “may”

The Commons amendments in lieu^[3]

• Page 66, line 21, at end insert—
• “(3AA) Rules of court under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified. This subsection does not apply to rules that specify information described in subsection (3A)(b).””
• Page 66, line 43, at end insert—
• “(3AA) Tribunal Procedure Rules under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect ) exceeds, or is likely to exceed, a level set out in the rules has to be identified. This subsection does not apply to rules that specify information described in subsection (3A)(b).””

During the debate leading up to the vote Chris Grayling MP^[5] explained the rationale for the Commons amendments requiring the source of an applicant's financial support be provided:

• It is to ensure that there is less chance for those who fund and control a judicial review to escape their proper measure of costs liability,

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• [1] Parliament's webpage on the Criminal Justice and Courts Bill
• [2] Amendment sheet containing Lords amendments 103, 104, 105 and 106 to the Criminal Justice and Courts Bill
• [3] Amendment sheet containing Commons amendments (a) and (b) in lieu of Lords amendments 103, 104, 105 and 106
• [4] Clause 66 of the Criminal Justice and Courts Bill
• [5] Chris Grayling MP (Epsom and Ewell, Conservative), House of Commons, 13 January 2015

Debate in Parliament | Source |