London Daily

Focus on the big picture.
Thursday, Oct 22, 2026

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
Parliamentary Inquiry Highlights Urgent Need to Address Housing Shortage as Scottish Completions Hit Eleven-Year Low
United Kingdom and Singapore Sign Comprehensive Financial Agreement to Deepen Digital and Sustainable Market Ties
Greggs Announces Plan to Close Four Manufacturing Facilities and Cut Seven Hundred and Forty Jobs
International Monetary Fund Raises United Kingdom Economic Growth Forecast While Warning of Inflationary Pressures
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs Onto Gas to Lower Household Bills
Housebuilding Across Scotland Plummets to Eleven-Year Low Despite Government Pledges to Tackle National Housing Emergency
Greggs Announces Factory Closures Across Northern England and Scotland Affecting Seven Hundred Forty Jobs
United Kingdom and Singapore Conclude Eleventh Financial Dialogue in Singapore to Deepen Cooperation on Digital Finance and Capital Markets
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs to Gas Bills and Tap Windfall Profits to Lower Consumer Prices
British Broadcasting Corporation Announces Major Cost-Cutting Overhaul to Close Linear Broadcast Services for Television Channels BBC Three and BBC Scotland Alongside Digital Radio Station BBC Radio Four Extra
London Capital Markets Face Renewed Scrutiny After High-Profile Offerings Underperform Post-Listing
Green Party Wins Historic First Westminster Parliamentary By-Election in Gorton and Denton
Environment Secretary Emma Reynolds Unveils Sweeping Regulatory Overhaul for English Water Industry
United Kingdom Health Security Agency Confirms Thirty-Four Cases in Kent Meningitis Outbreak
Ministry of Defence Prepares Heat Pump Subsidy Cuts to Fund Urgent Military Modernization
British and European Union Officials Schedule Long-Awaited Bilateral Leaders Summit for November Twentieth
Bank of England Governor Andrew Bailey Urges Strict Fiscal Credibility to Protect British Bond Markets
United Kingdom Inflation Rises to Three Point One Percent Driven by Escalating Fuel Costs
Profit Warnings Among London-Listed Companies Reach Two-Year High Amid Global Energy Shocks
Chancellor John Healey Signals Targeted Tax Changes on Banks and London Corporate Offices Ahead of Budget
British Government Reallocates Twenty-Five Per Cent of International Climate Finance to Global Biodiversity Projects
Initial British Carbon Border Taxes Set to Undercut Parallel European Union Tariffs on Industrial Imports
Whitehall Prepares National Zero-Interest Loan Initiative to Accelerate Domestic Heat Pump and Solar Adoption
European Union Offers British Automakers Access to Hybrid Vehicle Trade Protections Subject to Strict Regulatory Alignment
British Probation Officers Threaten Widespread Industrial Action After Rejecting Five Per Cent Government Pay Offer
Microsoft Abandons Major British Artificial Intelligence Data Centre Citing Severe National Grid Power Constraints
United Kingdom Inflation Accelerates to Three Point Four Per Cent Ahead of Chancellor John Healey's Inaugural Autumn Budget
Surging Cloned Number Plates Severely Complicate Traffic Enforcement and Police Investigations
Mounting Opposition Challenges Planned Rollout of Autonomous Taxis Across London
Influential Think Tank Urges Rejoining European Union to Navigate Geopolitical Crises
Government Review Recommends Slashing Benefits to Fund Youth Employment Initiatives
Senior Minister Shabana Mahmood Seeks New Law Enforcement Pact With European Union
Airbus Executive Warns Britain Risks Losing Crucial Role in European Space Industry
Exorbitant Electricity Costs Push British Steelmakers to Worst Competitive Position in Three Years
British Food and Beverage Exports to European Union Collapse by Over a Third Since Brexit
Up to Twenty English Maternity Units Face Impending Closure Due to Safety and Staffing Crises
Government Declares Severe Drought Across Southern England Following Record Dry Spell
Corporate Profit Warnings Reach Two-Year High Amid Middle East Conflict and Rising Costs
International Monetary Fund Warns Chancellor John Healey Against Proposed Bank Tax Raid
Northern Ireland Secures Favorable Agricultural Export Agreement with European Union
Scottish Government Approves Major Offshore Floating Wind Farm Near Aberdeenshire
High Speed Two Rail Project Faces Three Billion Pound Cost Escalation on Initial Phase
National Health Service Warns of Winter Capacity Crisis Across English Hospitals
Tata Steel Confirms Two Thousand Job Cuts at Port Talbot to Fund Green Transition
Global Microchip Developer Announces Three Billion Pound Semiconductor Plant in Cambridge
United Kingdom Artificial Intelligence Safety Institute Proposes Mandatory Licensing for Generative Models
United Kingdom Commits Additional Long-Range Weapons and Air Defenses to Ukraine
British Chancellor Overhauls Infrastructure Financing to Bypass Borrowing Constraints
Bank of England Holds Benchmark Interest Rate at Four Point Five Percent
First Minister Rhun ap Iorwerth Confirms Constitutional Discussions Over Welsh Independence During Initial Bilateral Call with Prime Minister
×