ILPA is concerned that this consultation is being conducted before the Lord Chief Justice has made his direction. As a result, responses have to be filed in ignorance of whether solely fresh claim judicial reviews will be transferred or whether claims involving challenges to refusal to recognise a fresh claim and additional decisions will be transferred. If the latter, we do not know what additional challenges will be transferred.
ILPA’s opposition to these transfers is a matter of record. If challenges other than solely fresh claim judicial reviews are transferred, this will have an impact on many of the issues raised by the consultation. We therefore question whether the timing of the current consultation is appropriate, fair or effective.
Linked to this concern is our concern that the consultation makes no mention whatever of urgent applications for interim relief. The effect on such applications is one of ILPA’s biggest concerns in relation to transfer. If this is because it is not yet known what will be transferred, then this heightens our concern about the timing and consequent limitations of this consultation.
ILPA requests an assurance that there will be further consultation once the direction is made.
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