text_body: --- DIVISION TITLE ---
  
  Criminal Justice and Courts Bill - Clause 64 - Judicial Review - Likelihood of Substantially Different Outcome for Applicant
  
  --- MOTION EFFECT ---
  
  
  
  
  MPs were considering the Criminal Justice and Courts Bill[1]. 
  
  The motion passed in this vote was:
  
  :That this House insists on its disagreement with Lords amendment 102B and agrees with amendments (a) to (k) in lieu.
  
  
  Lords amendment 102B[2] stated:
  
  :Page 65, line 46, at end insertâ
  :â( )  The duties of the court or tribunal under [http://www.legislation.gov.uk/ukpga/1981/54/section/31 section 31(2A), (3B) and (3C) of the Senior Courts Act 1981], or http://www.legislation.gov.uk/ukpga/2007/15/section/16 section 16(3B), (3C) and (3D) of the Tribunals, Courts and Enforcement Act 2007], are subject to the discretion of the court or tribunal to act otherwise where it considers it in the public interest to do so in all the circumstances of the case.â
  
  Amendments (a) to (k) in lieu[3] stated:
  
  :102C Page 65, line 3, at end insertâ
  :â(2B) The court may disregard the requirements in subsection (2A)(a) and (b) if it considers that it is appropriate to do so for reasons of exceptional public interest.
  :(2C)If the court grants relief or makes an award in reliance on subsection (2B), the court must certify that the condition in subsection (2B) is satisfied.ââ
  
  :Page 65, line 13, at end insertâ
  :â(3D) The court may disregard the requirement in subsection (3C) if it consider that it is appropriate to do so for reasons of exceptional public interest.
  :(3E) If the court grants leave in reliance on subsection (3D), the court must certify that the condition in subsection (3D) is satisfied.ââ 
  
  
  :102E Page 65, line 21, for âsection 31(2A)â substitute âsubsections (2A) and (2B) of section 31â
  
  :Page 65, line 22, for âappliesâ substitute âapplyâ
  
  
  :102G Page 65, line 23, for âit appliesâ substitute âthey applyâ
  
  
  :102H Page 65, line 25, at end insertâ
  :â(5B) If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (5A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.ââ
  
  
  :102I Page 65, line 40, at end insertâ
  :â(3E) The tribunal may disregard the requirement in subsection (3D) if it considers that it is appropriate to do so for reasons of exceptional public interest.
  :(3F) If the tribunal grants permission in reliance on subsection (3E), the tribunal must certify that the condition in subsection (3E) is satisfied.ââ
  
  
  :102J Page 65, line 42, for âsection 31(2A)â substitute âsubsections (2A) and (2B) of section 31â
  
  
  :102K Page 65, line 43, for âappliesâ substitute âapplyâ
  
  
  :102L Page 65, line 44, for âit appliesâ substitute âthey applyâ
  
  
  :102M Page 65, line 46, at end insertâ 
  :â(6B) If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.ââ
  
  
  :Clause 65 Page 66, line 10, after âparagraphâ insert âor, notwithstanding a failure to do so, the court in its discretion considers that it is nevertheless appropriate to grant the applicant leave to make the application for judicial reviewâ
  
  
  :Page 66, line 32, after âparagraphâ insert âor, notwithstanding a failure to do so, the tribunal in its discretion considers that it is nevertheless appropriate to grant the applicant permission or leave to apply for reliefâ
  
  These amendments would have affected Clause 64[4] of the Bill relating to judicial review and specifically not permitting a judicial review if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.
  
  * [1] [http://services.parliament.uk/bills/2014-15/criminaljusticeandcourts.html Parliament's webpage on the Criminal Justice and Courts Bill]
  * [2] [http://www.publications.parliament.uk/pa/bills/cbill/2014-2015/0136/15136.1-4.html Amendment sheet containing Lords amendment 102B to the Criminal Justice and Courts Bill]
  * [3] [http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0082/15082.1-4.html Amendment sheet containing Commons amendments(a) to (k) in lieu of Lords amendemnt 102B to the Criminal Justice and Courts Bill (numbered 102C, 102D, 102E, 102F, 102G, 102H, 102I, 102J, 102K, 102L and 102M)]
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  