Public Law Remedies Judicial Review - PowerPoint PPT Presentation

Loading...

PPT – Public Law Remedies Judicial Review PowerPoint presentation | free to download - id: 652ad5-N2UxO



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Public Law Remedies Judicial Review

Description:

Public Law Remedies Judicial Review Introduction Part 54 Civil Procedure Rules Procedure The remedies available The Grounds for Seeking Judicial Review Council of ... – PowerPoint PPT presentation

Number of Views:19
Avg rating:3.0/5.0
Slides: 14
Provided by: Devera
Learn more at: http://www.numyspace.co.uk
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Public Law Remedies Judicial Review


1
Public Law Remedies Judicial 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
About PowerShow.com