Justice Outside London - Administrative Courts in Cardiff, Birmingham, Manchester and Leeds?

A Judicial Working Group, looking at the administration of justice outside of London, has recommended that four regional centres of the Administrative Court be established: in Cardiff, Birmingham, Manchester and Leeds. This will allow regional High Court sittings to take place regularly outside London.

It is recommended that High Court judges will sit at each administrative centre and deal with work currently only administered, heard and dealt with in London at the Royal Courts of Justice.

The Working Group in their report, Justice Outside of London, said:

“Nearly all judicial review and other claims in the Administrative Court have to be brought in London, with the obvious inconvenience and additional expense that this cause for claimants, defendants, interested parties and their lawyers.

"The essential point is proper access to justice is not achieved if those in the regions can only bring judicial review and other claims in the Administrative Court in London. The present system discriminates against those who are not in the South of England.”

Questionnaires, numerous targeted discussions and open meetings, arranged at each of the four proposed centres, have informed these recommendations. Views have been sought from Judges, members of the legal profession, local government lawyers, representatives of public authorities and members of the general public.

“It is the overwhelming view of those who attended the open meetings in the four regional centres and of others from which we have received written representations that Administrative claims having to be brought in London is prejudicial to those who do not live and work in London or the South East.

“There is a strongly held view that people should be enabled to bring Administrative claims out of London in the regions and to have them heard there. They make what we regard as a very strong, economic, business, professional and social case for doing so.”

In Wales there are also constitutional as well as administrative grounds for the move, for example on judicial review decisions taken by the Welsh National Assembly.

In a recent Judgement (Deepdock and others V Welsh Ministers and others) HH Judge Hickinbottom observed: “With the increased impetus given to devolved government by the Government of Wales Act 2006 and with increasing powers actually being devolved to the National Assembly for Wales, there is in my view a deepening imperative that challenges to any devolved decisions are (like the decisions themselves) dealt with in Wales. Such cases should be heard in Wales unless there are good reasons for their being heard elsewhere.”

Note for Editors

1. The working group was asked in April 2006 by the Civil Sub-Committee of the Judicial Executive Board to consider and make recommendations about arrangements for Lord Justices and High Court Judges to hear cases outside of London. The Working Group reported to the Judicial Executive Board in January 2007 and after due consideration the Board has decided to make the report publicly available.
2. These recommendations should not be taken as assurance that they will be implemented, either by the Judicial Executive Board, or administratively, by the Ministry of Justice and Her Majesty’s Court Service. The report says “We have not discussed resources other than in general terms and mainly at regional level.”
3. The members of the working group are:
   Lord Justice May, Vice-President of the Queen’s Bench Division
   Mr Justice Patten, Vice-Chancellor of the County Palatine of Lancaster
   Mr Justice Gibbs, Presiding Judge of the Midland Circuit
   Mr Justice Roderick Evans, Presiding Judge of the Wales and Chester Circuit, and
   Mr Justice McCombe, Presiding Judge of the Northern Circuit.
   
4. Open meetings were held in each of the four areas with the following number of attendees at each event: Cardiff: 100; Birmingham: 165; Manchester: 120; and Leeds: 75.
5. The location of each regional centre was carefully assessed and specific considerations taken into account. These are detailed in the following paragraphs of the report: Cardiff and Wales; Birmingham; Manchester; and Leeds.
6. For an explanation of the work undertaken by the Administrative Court follow this link and scroll down to page 27
7. Copies of the full report are available on the Judicial website.
8. The working group considered a report produced by a group of Birmingham lawyers and commercial representatives titled: “High Court Judge Residency Impact study for the Midlands”.
9. If you have any further question please the Judicial Communications Office, on 020 7073 4852.