Remedies etc

Answer 1

Discretionary Nature of Remedies
* Courts may decline to grant the remedies sought to safeguard a broader public interest.
* Senior Courts Act 1981, $31: Court can refuse relief if it appears that the outcome for the applicant would not have been substantially different if the conduct complained of had
not occurred.

Question 2

Remedies

Answer 2

Discretionary Nature of Remedies
* Courts may decline to grant the remedies sought to safeguard a broader public interest.

• Senior Courts Act 1981, $31: Court can refuse relief if it appears that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.

Question 3

Types of Orders

Answer 3

• Quashing Order: Decision is taken out but not substituted to maintain the separation of powers. The matter will be remitted to the decision maker for reconsideration.
• Prohibiting Order: Negative order not to take a particular action. It can be anticipatory in effect if something illegal is being planned.
• Mandatory Order: Positive order to take a particular action that is legally required of the defendant. Will not arise if the defendant has completed discretion whether to act or not.
• Injunction (rare): Can be interim or permanent. Can require or prohibit the defendant from doing something. Not available against the Crown.

Question 4

Damages

Answer 4

• If economic loss is seen, damages will be awarded only if there is another cause of action separate to the ground for the decision.
• Damages are a remedy against unlawful detention and are not discretionary.

Question 5

Judicial Review
* Publicity brought by a Judicial Review claim will often force the decision-maker to settle the dispute, possibly neutralizing the lack of damages.
* Habeas Corpus: A remedy against unlawful detention. Will be given only if they would have been awarded in a civil claim (Senior Courts Act).

Answer 5

• Publicity brought by a Judicial Review claim will often force the decision-maker to settle the dispute, possibly neutralizing the lack of damages.
• Habeas Corpus: A remedy against unlawful detention. Will be given only if they would have been awarded in a civil claim (Senior Courts Act).