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Law Commission to consider reforms to administrative review procedures

The Law Commission is to consider whether reforms are needed to procedures for administrative reviews, where public bodies look again at a decision when someone complains that they have been treated unfairly by a decision.

The project is one of 14 that the law reform advisory body has announced will form part of its 13th Programme of Law Reform.

The Law Commission said: “They [administrative reviews] determine the outcome of thousands of cases and can also be a prerequisite to appealing to a tribunal.

“Effective internal review procedures reduce the number of appeals and promote confidence in administrative decision-making. However, recent independent reports have cast doubt on the efficacy of some of the review procedures presently in place.

“Our project would seek to promote correct decisions, cheaper correction mechanisms, and public confidence in decision making. We would consider and assess the merits of the different procedures that are in place and make recommendations with a view to identifying best practice and generally improving them.”

Other projects include:

  • Automated vehicles
  • Electronic signatures
  • Employment law hearing structures
  • Museum collections
  • Registered land and chancel repair liability
  • Residential leasehold
  • Smart contracts
  • Summary procedures in arbitration
  • Unfair terms in residential leasehold

More information on the projects can be viewed here.

Law Commission Chair and Court of Appeal judge Sir David Bean said: “Our 13th Programme of Law Reform attracted unprecedented interest across a broad range of areas. The Commission has now refined these ideas into what I believe is a highly relevant and important series of law reform projects.

“We want to help tackle injustices by making the law simpler, clearer and fit for the future. We will also be making sure the law supports cutting edge technical innovation such as automated vehicles and smart contracts.

“Although we are operating in uncertain times, I am confident that our independence and ability to build consensus will help ensure that Parliament can take forward law reform in these areas.”


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