EWJ June 61 2025 web - Flipbook - Page 93
More Evidence Needed Before
Restricting Judicial Review Appeals
The Law Society of England and Wales has called for
more evidence to be gathered before restrictions are
placed on judicial review appeals involving nationally
significant infrastructure projects (NSIPs).
“If there are claims where this is the case, then
this measure could exclude valid cases and deny
access to justice by preventing the decision being
reconsidered.”
The Planning and Infrastructure Bill – which would
restrict appeals relating to NSIP judicial reviews – had
its second reading in the House of Commons on Monday (24 March).
The bill also proposes removing the paper permission
for NSIP judicial reviews.
“The experience of our members is that making
permission decisions on the papers saves costs and
resources for both parties and the courts,” added
Richard Atkinson.
“We appreciate the need for critical infrastructure
projects to deliver growth. However, we are concerned that this restriction on judicial review appeals
could prevent legitimate cases from being heard,” said
Law Society president Richard Atkinson.
“In contrast, the preparation required for an oral
hearing can be extensive, and there are additional
costs to attending a hearing which would be borne by
both parties.
“Judicial review in the context of NSIPs does not
consider the merits of the proposed infrastructure
project, only whether the development consent order
has been made lawfully. While pursuing certainty
through ensuring swift administration of justice is
worthwhile, any reforms must balance efficiency with
maintaining access to justice.
“Streamlining judicial review on permission decisions
should be evidence led, particularly when considering the importance and impact of NSIPs. The government should therefore analyse and publish further
evidence on the number of cases initially deemed totally without merit which were then later successful.
“Stopping people from seeking permission to appeal
to the Court of Appeal where an NSIP appeal has initially been deemed ‘totally without merit’ may seem
superficially attractive, but we do not currently know
how many such NSIP claims were later successful.
“Officials should also look at the cost implications
of removing the paper permission stage to allow
assessment of the impact on access to justice.”
Professor Shah Khan
Mr Amr Fahmy - MBBCh, MSc, MRCS(Irl), MD (Soton, UK)
Consultant Musculoskeletal Radiologist
Trauma & Orthopaedic Spinal Surgeon | Associate Clinical Lecturer
Invited Reviewer for the British Medical Journal (BMJ)
MB BS, FRCR, MSK Dip (ESSR)
Shah Khan was appointed as Consultant Radiologist at East
Mr. Amr Fahmy is a Trauma and Orthopaedic Spinal Surgeon with extensive experience in the field
since 2000. He has served as a Consultant Orthopaedic Spinal Surgeon since 2015, specializing
exclusively in spinal conditions and injuries. Mr. Fahmy has led the NHS spinal service in his local
area, managing a diverse range of spinal pathologies, including adult degenerative conditions,
infections, emergencies, post-traumatic injuries, and pediatric spinal deformities.
Lancashire Teaching Hospitals NHS Trust, in 2003. He is Honorary
Senior Clinical Lecturer, University of Central Lancashire and
Honorary Visiting Professor, SSMC, Narowal.
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He completed advanced training through a Senior Fellowship at the UK National Centre of
Excellence for Spinal Deformity (Royal National Orthopaedic Hospital, Stanmore, London),
gaining significant expertise in managing complex spinal conditions. Currently, Mr. Fahmy is
a board member of the North East London Spinal Network, working collaboratively with
orthopaedic and neurosurgical colleagues.
•
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Since 2011, Mr. Fahmy has acted as a medicolegal expert, producing over 3,000 reports with a
claimant-to-defendant case mix of 40:60. His experience as a medical expert in Orthopaedic
Spinal Surgery has been a central focus of his practice since 2015.
•
Expert Witness in radiological diagnosis of personal injury and
clinical negligence.
Professional expertise in X ray, ultrasound, CT & MRI scan in
musculoskeletal radiology
Cardiff University CUBS qualification. Regular updates on
Medicolegal training and Medicolegal MDT with orthopaedics
In addition to his clinical and medicolegal work, Mr. Fahmy is an Honorary Senior Clinical
Lecturer at Anglia Ruskin University, an invited examiner at UCL, and a reviewer for the British
Medical Journal. He is widely published in peer-reviewed journals and frequently invited as an
international speaker.
colleagues.
Contact: Professor Shah Khan
Tel: 07915607530 - Mobile: 07915607530
Contact: Mrs Beverley Rowland
Tel: +44 (0)20 3887 5209 - Mobile: +44 (0)7976 122 406
Email: mr.amrfahmy@cloud.com - Website: www.spinesurgeryconsultants.com
Address: AMR Professional Limited, PO Box 6228, ROCHFORD, SS1 9GS
Area of work: Greater London and surrounding areas, Cambridge and East Anglia, Southeast
England, National Coverage with Remote Options
EXPERT WITNESS JOURNAL
Medico-legal experience of over 15 years. Average instructions
annually are 30-40, with 80% claimants and 20% defendants.
Email: info@scan-doctor.co.uk or shahkhan0311@yahoo.co.uk
Website: www.scan-doctor.co.uk
East Lancashire Teaching Hospitals NHS Trust
Radiology Department, Haslingden Road
91
JUNE 2025
