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Public Law Remedies Judicial Review

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

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Public Law Remedies Judicial Review

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  1. Public Law RemediesJudicial Review

  2. Introduction • Part 54 Civil Procedure Rules • Procedure • The remedies available

  3. The Grounds for Seeking Judicial Review Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 - Illegality - Irrationality - Procedural Impropriety

  4. Scope of Judicial Review • Only available in ‘public law’ cases • Last resort • Sufficient interest • MUST act promptly

  5. Only Available in ‘Public Law’ Cases Part 54 Civil Procedure Rules Lawfulness? Available against public bodies and inferior courts

  6. 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

  7. 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

  8. The Applicant MUST Act promptly • 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.

  9. Procedure for Judicial Review Part 54 and Practice Direction 54 of the Civil Procedure Rules Two stages: - - Permission stage - Substantive Application (Hearing)

  10. Remedies available for Judicial Review claims Rule 54.2 Civil Procedure Rules - A Quashing Order - A Mandatory Order - A Prohibiting Order

  11. Remedies available for Judicial Review claims Rule 54.3 Civil Procedure Rules - A Declaration - An Injunction

  12. 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

  13. THE END

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