Reform of Judicial Review

The government wants to have greater transparency in how judicial reviews are funded.

This consultation seeks views on the proposals for court and tribunal rules to set out:

• that a declaration of funding sources is required on an application for permission
• that details of third party funding or likely funding in connection with an application for judicial review, need not be provided where the funding is below a threshold of £1,500
• that a more detailed picture of the applicant’s financial circumstances is required on application for a costs capping order than on application for permission

These proposals will limit the potential for third party funders to avoid their appropriate liability for litigation costs.

It will also ensure that when costs capping orders are made – limiting or abolishing a party’s costs liability – they are made in appropriate cases.