Environmental Challenges to UK Public Authorities: The Impact of the Judicial Review and Courts Act 2022

Abstract

The UK’s Judicial Review and Courts Act 2022 introduced into statute certain remedies for use where unlawfulness had been found on the part of a public authority or decision-maker carrying out public functions. These remedies allow for such unlawfulness to be deemed lawful, including where the courts consider that remedying an unlawful decision would negatively impact third parties or good administration. When this legislation was under consideration in the UK’s Parliament, there was considerable concern from a number of environmental organisations that such remedies would prohibit the obtaining of redress where environmental harm had occurred. This analysis examines the nature of the new remedies introduced by the Act, how domestic courts may use them, and how those involved in environmental or climate litigation against public authorities might adapt their approach in light of these new statutory powers.