§ Lord Lairdasked Her Majesty's Government:
Why no central records are kept about judicial reviews and their cost; and [HL3536]
Which public bodies were subject to judicial review in 2003; who were the complainants; how much was paid in legal aid; and to which solicitors. [HL3596]
§ The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton):In England and Wales records are kept by the Administrative Court Office of the number of applications made for permission to apply for judicial review, which include details of claimants and defendants, whether permission was granted or refused, and the final date of disposal. The Northern Ireland Court Service holds a central register which records similar information in respect of Northern Ireland applications for judicial review.
Neither the Administrative Court Office nor the Northern Ireland Court Service record the overall cost of judicial review. This information could only be provided at disproportionate cost.
Information on which public bodies in England and Wales were subject to judicial review, including who were the complainants, has been placed in the Libraries of both Houses. Information on which public bodies in Northern Ireland were subject to judicial review, including the number of applications made against each public body, has also been placed in the Libraries of both Houses, together with a separate list of the complainants.
The Legal Services Commissions for England and Wales and Northern Ireland are responsible for the granting and payment of legal aid in relation to judicial reviews issued in their respective jurisdictions.
The Legal Services Commission for England and Wales is not able to determine, without incurring disproportionate cost, which solicitors received legal aid for judicial review work. However, the total number of judicial review certificates for which a main bill was paid in the calendar year 2003 was 5,740, at a total cost of £20,510,068.
In Northern Ireland during 2003 a total of £696,000 was paid out of the Legal Aid Fund for judicial review work in respect of 134 cases. A breakdown of the solicitors to whom payments were made cannot be provided for Northern Ireland cases without incurring disproportionate cost.
It should be noted that not all judicial reviews are funded by legal aid.
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