Judicial Review and Courts Bill — Clause 1 — Quashing orders — 26 Apr 2022 at 14:15

The majority of MPs voted to allow courts quashing a decision by a public body to remove or limit any retrospective effect of the quashing.

MPs were considering the Judicial Review and Courts Bill.^[1][2][3]

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

• That this House disagrees with Lords amendment 1.

Lords amendment 1 stated:^[4][5]

• Page 1, leave out line 9

Had it not been rejected this would have impacted Clause 1 of the Bill^[2], and removed subsection (b) from the following:

• (1) A quashing order may include provision—
• (a) for the quashing not to take effect until a date specified in the order, or
• (b) removing or limiting any retrospective effect of the quashing

The Explanatory Notes to the amendment stated:^[5]

• Amendment 1 removes new section 29A(1)(b), which was the subsection conferring the new power on the court to limit or remove the retrospective effect of quashing orders

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• [1] Parliament's webpage on the Judicial Review and Courts Bill, Parliament.uk
• [2] Judicial Review and Courts Bill as brought from the Commons on 26 January 2022, Parliament.uk
• [3] Explanatory notes to the Judicial Review and Courts Bill as brought from the Commons on 26 January 2022, Parliament.uk
• [4] Lords amendments to the Judicial Review and Courts Bill, 7 April 2022, Parliament.uk
• [5] Explanatory notes to the Lords amendments to the Judicial Review and Courts Bill, 8 April 2022, Parliament.uk

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