Commentary

A5.308 Judicial review—remedies

Administration and compliance

A5.308 Judicial review—remedies

A5.308 Judicial review—remedies

All the remedies that the court can grant on judicial review are discretionary. The remedies include the prerogative orders, formerly known as mandamus, certiorari and prohibition. In the Civil Procedure Rules these have been renamed a mandatory order, a quashing order, and a prohibiting order. As the name suggests, a mandatory order is an order that compels a public body to act in a given manner. A quashing order is an order that quashes a decision by a public body. A prohibiting order is an order that prohibits a public body from acting in a particular manner. These orders cannot be used to quash decisions of the Crown, but they can be used against ministers and officials1. They cannot be used to challenge the validity of primary legislation2.

In addition to the prerogative orders, Senior Courts Act 1981, s 31(2) states that the court can also grant declarations and injunctions if the court considers that it would be 'just and convenient' to grant the relief, having regard to the nature of the decisions subject to the prerogative orders, the nature of the person who the order is being sought against and all the circumstances of the case. As its name suggests, a declaration declares the rights of parties. It is frequently used to declare decisions to be void3, and it is particularly prized in judicial review proceedings because it can be used to provide guidance on legal questions. For example it can be used to determine the accuracy

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