Public law: JR Remedies Flashcards
Remedies are discretionary s.31 (6) SCA 1981
What are the remedies for public law dispute
a) quashing order
b) prohibting order
c) mandatory order
Remedies are discretionary s.31 (6) SCA 1981
What are the remedies for a private claim?
a) declaration
b) injunction and
c) damages
what are the rules guiding the award of damages
S.31 (4) SCA 1981
damages can be awarded where the claimant is seeking other relief and damages could have been awarded in a civil claim. Therefore, the claimant must have a private law cause of action.
1) Damages can’t be awarded just becasue the claimant has a ground of challenge as confirmed by (Dunlop v Woollahra) and (R v Knowsley MBC, ex p Maguire)
2) There is no general right in law to damages for maladminstration
What is
a quashing order
a prohibting order
a mandatory order
A quashing order quashes a decision which is ultra vires
A prohibiting order will order a public body to refrain from illegal action. Such orders are comparatively rare.
A mandatory order to designed to enforce the performance
What is a private law remedies - the non-prerogative orders:
a declaration order
an injunction order
and damages
A declaration is a court order confirming, but not changing, the legal position or rights of the parties
An injunction is a court order performing essentially the same function as a prohibiting order, namely, to restrain a person or body from illegal action.
Under 31(4) of the Senior Courts Act 1981, the adminstrative court can award damages on a claim where the claimant is seeking other relief. This means that the claimant must have a private law cause of action (in tort or contract) or a claim for breach of a convention right.
