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:
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.
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:
the application includes a claim for such an award arising from any matter to which the application relates, and
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.
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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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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