Judicial Review and Courts Bill – in the House of Commons at 4:13 pm on 25 January 2022.
Amendment proposed: 25, page 2, leave out lines 24 to 32 and insert—
“(9) Provision may only be made under subsection (1) if and to the extent that the court considers that an order making such provision would, as a matter of substance, offer an effective remedy to the claimant and any other person materially affected by the impugned act in relation to the relevant defect.” —(Andy Slaughter.)
This amendment would remove the presumption and make it a precondition of the court’s exercise of the new remedial powers that they should offer an effective remedy to the claimant and any other person materially affected by the impugned act.
Question put, That the amendment be made.