Last December a proposed pre-action protocol was published by the Lord Chancellor’s Department, influenced by the Woolf reforms, aiming at reducing the numbers of judicial review cases. In common with similar protocols relevant to other types of litigation, it seeks to encourage early exchange of information, enabling parties to agree a solution without the necessity of litigation, saving costs and resulting in quicker response time on the part of public authorities.
Critics might suggest that the objectives of such a protocol ignore the public interest in having the failings of public bodies exposed in court. Judicial review is often the only legal avenue by which matters of considerable public interest and/or concern can be aired before an impartial decision-maker. Cynical critics might even suggest that it is not surprising that pressure to reduce judicial review cases comes from government quarters when a substantial proportion of such cases are directed against the Government or individuals or bodies appointed by government.
