Judicial Review Remedies

Question 1

Public law

Answer 1

1. Quashing order
2. Prohibiting order
3. Mandatory order

Question 3

Quashing order

Answer 3

Most frequently used (90% of the time)

Takes away legal effect from decision

Question 4

Prohibiting order

Answer 4

Courts telling the decision-maker they can’t do something

Question 5

Private law

Answer 5

1. Declaration
2. Injunction
3. Damages

Question 6

Declaration

Answer 6

Court confirming parties’ legal positions but not changing them

Question 7

Injunction

Answer 7

1. Prohibitory (prevents someone doing something)
2. Mandatory (compels someone to do something)
3. Interim (meaning an order made after proceedings have been started but before the trial)

Question 8

Damages

Answer 8

S.31 SCA - damages can be awarded where claimant is seeking other relief and damages could have been awarded in a civil claim

Damages can’t be awarded just because the claimant has a ground of challenge
“Maguire”

Question 9

Mandatory order

Answer 9

Not as common as quashing order, but more common than prohibiting order

Condition for public body to fulfil its public duties