Public Law Remedies

Judicial Review

Introduction

• Part 54 Civil Procedure Rules

• Procedure

• The remedies available

The Grounds for Seeking Judicial Review

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374

- Illegality- Irrationality- Procedural Impropriety

Scope of Judicial Review

1. Only available in ‘public law’ cases

2. Last resort

3. Sufficient interest

4. MUST act promptly

Only Available in ‘Public Law’ Cases

Part 54 Civil Procedure Rules

Lawfulness?

Available against public bodies and inferior courts

What if a case is borderline between private and public law

remedies?

The Trustees of Dennis Rye Pension Fund v Sheffield City Council [1997] 4 All ER 747

Who can apply for Judicial Review?

- Section 31 (3) Supreme Court Act 1981

- Sufficient Interest?

- R v IRC ex Parte National Federation of Self Employed and Small Businesses [1982] AC 617

Section 31 (6) Supreme Court Act 1981

Where the High Court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant

–leave for the making of the application; or

–any relief sought on the application,

if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

The Applicant MUST Act promptly

Procedure for Judicial Review

Part 54 and Practice Direction 54 of the Civil Procedure Rules

Two stages: -

- Permission stage- Substantive Application (Hearing)

Remedies available for Judicial Review claims

Rule 54.2 Civil Procedure Rules

- A Quashing Order

- A Mandatory Order

- A Prohibiting Order

Remedies available for Judicial Review claims

Rule 54.3 Civil Procedure Rules

- A Declaration

- An Injunction

Damages? More than one remedy?

Rule 54.3 (2) Civil Procedure Rules

“Damages can be awarded in addition to another remedy BUT cannot be awarded alone”

More than one remedy may be sought in the same application

THE END