JR - Remedies

Question 1

Are remedies for judicial review automatic?

Answer 1

No, they are discretionary

Question 2

Quashing order

Answer 2

Aims to put the applicant back in the decision he would have been, had the decision not been made.

Question 3

Mandatory order

Answer 3

Mandates specific action - an unusual remedy.

Question 4

Example of a mandatory order

Answer 4

Home Secretary being required by the courts to bring back a deported asylum seeker

Question 5

Prohibiting order

Answer 5

Court stops the public authority from doing something

Question 6

Example of a prohibiting order

Answer 6

Court prohibits prevents deportation of an asylum seeker

Question 7

Declaratory order

Answer 7

Declares the legal position between the party: was the remedy given in Dolan (2020) re Covid lockdown.

Question 8

Injunction

Answer 8

Prevents a defendant authority from taking specific action.

Question 9

Example of an injunction

Answer 9

Court prevents authority from evicting a tenant.

Question 10

Damages

Answer 10

Claims may include damages but MUST be sought alongside another remedy.

Question 11

Can damages be sought alone?

Answer 11

No. Damages MUST be sought alongside another remedy.

Question 12

How common is the award of damages as a remedy for judicial review?

Answer 12

Rare