An introductory guide to damages in judicial review
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers
An introductory guide to damages in judicial review

The following Public Law practice note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • An introductory guide to damages in judicial review
  • Jurisdiction to make a monetary award in an application for judicial review
  • Senior Courts Act 1981
  • Human Rights Act 1998
  • Principles under Article 41 of the European Convention on Human Rights
  • Types of award
  • Procedural considerations
  • SCA 1981, s 31
  • Permission hearing
  • Pre-action protocol for judicial review
  • More...

Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just and appropriate to do so. This Practice Note explains how a public authority can deal with an application for damages in judicial review proceedings and when such an application may arise. It includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings.

Jurisdiction to make a monetary award in an application for judicial review

Senior Courts Act 1981

Section 31(4) of the Senior Courts Act 1981 (SCA 1981) provides that the High Court may award damages, restitution or the recovery of a sum due in an application for judicial review if:

  1. the application includes a claim for such an award arising from any matter to which the application relates, and

  2. the court is satisfied that such an award would have been made if the claim had been made in an action commenced by the applicant at the time of making the application

CPR 54.3(2) provides that a claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone.

Human Rights Act 1998

Damages in judicial review may be sought for breach of the Human Rights Act 1998 (HRA 1998). HRA 1998, s 8

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