§ Ms HodgeTo ask the Secretary of State for Defence how many decisions by his Department were challenged by way of judicial review in each Parliamentary session since 1994–95; and in how many cases(a) the Department's decision was upheld, (b) the court found for the applicant, (c) the Department submitted to the judgment and (d) the Department appealed successfully against the judicial review decision. [7843]
§ Dr. ReidInformation for 1994–95 is not held centrally.
Eight decisions were challenged through judicial review in the sessions 1995–96 and 1996–97.
235WThe Department's decision was upheld by the courts in one case. In another case leave to apply for judicial review was at first refused; when later the application for leave was renewed, the case was settled without the court making any order on the application for leave. In a third case an applicant withdrew the application after being given leave. Five cases have yet to be considered by the courts. In three cases the application for leave has not yet been heard (or the Department has not yet been informed of the result). In two other cases leave has been granted and a substantive hearing is awaited. But in one of these cases this will need to await the conclusion of a reference by the court to the European Court of Justice.
There were no cases in which the courts found for the applicant. There were, therefore, no cases in which the question of an appeal by the Department arose.
§ Ms HodgeTo ask the Secretary of State for Defence on how many occasions since 1994–95 legislation has been introduced by the Department(a) to remove effects of judicial review decisions and (b) to implement them. [7835]