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JR Claim: Remedies

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JR Claim: Remedies

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Prerogative orders:

  • Senior Courts Act 1981 (SCA) S31(1)(a) / Civil Procedure Rules (CPR) Part 54.2


  • Decision no legal effect
  • Can order direct reconsideration (SCA S31(5))


  • Orders body refrain from illegal action
  • prevent decision being taken (Liverpool Taxis)


  • Orders performance of public duties / rare
bits of law

JR Claim: Remedies

[Flash Card 2 of 2]

Private law:

  • Senior Courts Act 1981 (SCA) S31(1)(b) / Civil Procedure Rules (CPR) Part 54.3


  • Declares legal position of parties / no change to position or rights
  • Decision is void: same effect quashing order / can be partial / declare law for future in public interest (Datafin) / can be used against erroneous statements of law (Gillick) / can review primary legislation


  • Restrain illegal action / similar to prohibiting order / interim until final hearing


  • Discretionary damages where available in ordinary civil proceedings (SCA S31(4))
  • Human Rights Act 1998 S6: infringe Convention right / welfare delay breach Article 8 & 3 (Anufrijeva)
bits of law
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