Public | Judicial Review
JR Claim: Remedies
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JR Claim: Remedies
[Flash Card 1 of 2]
Prerogative orders:
- Senior Courts Act 1981 (SCA) S31(1)(a) / Civil Procedure Rules (CPR) Part 54.2
Quashing:
- Decision no legal effect
- Can order direct reconsideration (SCA S31(5))
Prohibiting:
- Orders body refrain from illegal action
- prevent decision being taken (Liverpool Taxis)
Mandatory:
- 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
Declaration:
- 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
Injunction:
- Restrain illegal action / similar to prohibiting order / interim until final hearing
Damages:
- 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