London Daily

Focus on the big picture.
Monday, Sep 29, 2025

Leaked report suggests Dominic Raab trying to curb judges’ powers

Leaked report suggests Dominic Raab trying to curb judges’ powers

Exclusive: Deputy prime minister has been accused of wanting ‘a world in which the government is above the law’

Dominic Raab is planning to curb judges’ powers in a move likely to make it harder to bring successful legal challenges against the government in England and Wales, according to a leaked document seen by the Guardian.

The Ministry of Justice (MoJ) paper suggests the justice secretary, who is also deputy prime minister, is considering changes that would have the effect of limiting ministers’ accountability in judicial reviews brought by claimants concerned about the way decisions have been taken by public bodies.

The move comes amid rhetoric by ministers about overreach by judges and “lefty lawyers”, with the recent judicial review case – still outstanding – challenging the Rwanda deportation flight having attracted the ire of government.

Despite the government having consulted on judicial review only last year and parliament then passing the Judicial Review and Courts Act, which came into effect on 15 July, the MoJ document says: “You (DPM [deputy prime minister]) have indicated that you are minded to consult on further reforms to judicial review”.

It then makes suggestions for change – “subject to your initial policy steers and the outcome of any consultation” – which several experts told the Guardian would have the effect of making it more difficult to bring a successful review.

Charlie Whelton, policy and campaigns officer at Liberty, said: “This leaked document suggests that the government plans to make it even harder for people to challenge them and make themselves even less accountable to the public.

“Over the past couple of years, we’ve seen an unprecedented assault on our legal rights, including in the Judicial Review and Courts Act and through ongoing proposals to scrap the Human Rights Act. The government is determined to make it as difficult as possible to take them to court and hold them accountable for unlawful actions.

“Whether by putting up more barriers to bringing cases, overturning judgments they don’t like or blocking off more and more actions from challenge, the government’s attempts to avoid accountability set a very dangerous precedent for all future governments of all stripes.”

The Judicial Review and Courts Act removed the right of parties to bring a review against decisions by tribunals in mainly immigration/asylum and social security cases. But many believe Raab’s predecessor, Robert Buckland QC, who instigated the bill, was sacked because it did not go far enough in curbing judicial scrutiny.

The MoJ document suggests Raab is determined to do so. One proposed change is “assessing the intensity of review to apply in different cases”, which could mean anything from dictating the criteria judges must apply to excluding them from hearing cases in certain areas of government decision-making.

It also refers to changing cost rules on “standing”, which requires the claimant to have “sufficient interest” to bring a case. By increasing the cost burden if parties are found not to have standing, the government could be seeking to discourage NGOs, which pursue cases with implications for many individuals beyond the claimant.

Finally, it suggests “addressing” named individual cases, including Privacy International, which determined that the secretive investigatory powers tribunal was subject to judicial review, and the Guardian’s successful attempt to get secret letters written by Prince Charles to government ministers published. In the latter case, the supreme court ruled that the attorney general could not block publication just because he disagreed with the upper tribunal’s decision to permit it.

While introducing legislation to parliament in response to a particular case is a government’s right, it has previously been suggested that it wants to allow ministers themselves to strike out findings from judicial reviews they disagree with.

Jolyon Maugham QC , the director of the Good Law Project, which has been involved in high-profile judicial reviews against the government relating to Brexit and the VIP lane for suppliers of Covid personal protective equipment, said: “We already have laws to prevent cases that lack merit. And the efficacy of judicial review as a tool for inhibiting the law-breaking of ministers is already under grave pressure.

“These measures are designed to repel the tiny rump of cases that can nevertheless succeed. What Raab seems to want is a world in which the government is above the law.”

The Guardian revealed in June that the number of high court judicial reviews (31) found for the claimant last year and the success rate (2.2% as a proportion of total cases lodged, or 30% of those that went to a final hearing) were the lowest since records began in 2001, prompting fears that government rhetoric was having a chilling effect on judges.

The MoJ said it does not comment on leaked documents.

Newsletter

Related Articles

0:00
0:00
Close
U.S. Defense Chief Orders Sudden Summit of Hundreds of Generals and Admirals
Global Cruise Industry Posts Dramatic Comeback with 34.6 Million Passengers in 2024
Trump Claims FBI Planted 274 Agents at Capitol Riot, Citing Unverified Reports
India: Internet Suspended in Bareilly Amid Communal Clashes Between Muslims and Hindus
Supreme Court Extends Freeze on Nearly $5 Billion in U.S. Foreign Aid at Trump’s Request
Archaeologists Recover Statues and Temples from 2,000-Year-Old Sunken City off Alexandria
China Deploys 2,000 Workers to Spain to Build Major EV Battery Factory, Raising European Dependence
Speed Takes Over: How Drive-Through Coffee Chains Are Rewriting U.S. Coffee Culture
U.S. Demands Brussels Scrutinize Digital Rules to Prevent Bias Against American Tech
Ringo Starr Champions Enduring Beatles Legacy While Debuting Las Vegas Art Show
Private Equity’s Fundraising Surge Triggers Concern of European Market Shake-Out
Colombian President Petro Vows to Mobilize Volunteers for Gaza and Joins List of Fighters
FBI Removes Agents Who Kneeled at 2020 Protest, Citing Breach of Professional Conduct
Trump Alleges ‘Triple Sabotage’ at United Nations After Escalator and Teleprompter Failures
Shock in France: 5 Years in Prison for Former President Nicolas Sarkozy
Tokyo’s Jimbōchō Named World’s Coolest Neighbourhood for 2025
European Officials Fear Trump May Shift Blame for Ukraine War onto EU
BNP Paribas Abandons Ban on 'Controversial Weapons' Financing Amid Europe’s Defence Push
Typhoon Ragasa Leaves Trail of Destruction Across East Asia Before Making Landfall in China
The Personality Rights Challenge in India’s AI Era
Big Banks Rebuild in Hong Kong as Deal Volume Surges
Italy Considers Freezing Retirement Age at 67 to Avert Scheduled Hike
Italian City to Impose Tax on Visiting Dogs Starting in 2026
Arnault Denounces Proposed Wealth Tax as Threat to French Economy
Study Finds No Safe Level of Alcohol for Dementia Risk
Denmark Investigates Drone Incursion, Does Not Rule Out Russian Involvement
Lilly CEO Warns UK Is ‘Worst Country in Europe’ for Drug Prices, Pulls Back Investment
Nigel Farage Emerges as Central Force in British Politics with Reform UK Surge
Disney Reinstates ‘Jimmy Kimmel Live!’ after Six-Day Suspension over Charlie Kirk Comments
U.S. Prosecutors Move to Break Up Google’s Advertising Monopoly
Nvidia Pledges Up to $100 Billion Investment in OpenAI to Power Massive AI Data Center Build-Out
U.S. Signals ‘Large and Forceful’ Support for Argentina Amid Market Turmoil
Nvidia and Abu Dhabi’s TII Launch First AI-&-Robotics Lab in the Middle East
Vietnam Faces Up to $25 Billion Export Loss as U.S. Tariffs Bite
Europe Signals Stronger Support for Taiwan at Major Taipei Defence Show
Indonesia Court Upholds Military Law Amid Concerns Over Expanded Civilian Role
Larry Ellison, Michael Dell and Rupert Murdoch Join Trump-Backed Bid to Take Over TikTok
Trump and Musk Reunite Publicly for First Time Since Fallout at Kirk Memorial
Vietnam Closes 86 Million Untouched Bank Accounts Over Biometric ID Rules
Explosive Email Shows Sarah Ferguson Begged Forgiveness from Jeffrey Epstein After Taking His Money
Corrupt UK Politician Ed Davey Demands Elon Musk’s Arrest for Supporting Democracy
UK, Canada, and Australia Officially Recognise Palestine in Historic Shift
Alibaba Debuts Open-Source Deep Research Agent with Benchmarks Rivaling OpenAI
Marcos Faces Legacy-Defining Crisis as Flood Projects Scandal Sparks Massive Tide of Protests
China’s Micro-Drama Boom Turns Stalled Real Estate Projects into Lavish Film Sets
New Eye Drops Show Promise in Replacing Reading Glasses for Presbyopia
'Company Got 5,189 H-1B Visas, Then Laid Off 16,000 Americans': US Defends New $100,000 H-1B Visa Fee
Golf legend tells Omar she should be 'sent back to Somalia' after her Kirk comments
EU Set to Bar Big Tech from New Financial Data Access Scheme
China Bans Livestreaming and AI in Religion Amid Crackdown on Shaolin Temple Scandal
×