W5 - JR Procedure and Remedies

Question 1

Procedure

Answer 1

The application will follow the 2-stage process set out in Civil Procedure Rules r 54.5 1998:
a) Application for permission to proceed:
- Must issue a claim form in the Administrative Court which details
grounds and remedies sought;
- The claim form will be served on the Minister who will respond;
- The Administrative Court will then decide whether to grant permission
dealing with the issues of sufficient interest timing and whether they have
an arguable case.
b) Substantive hearing:
- Court considers the evidence that has been filed;
- Legal submissions by advocates for each party

Question 2

Remedies

Answer 2

Discretionary
Usually a prerogative order ie
- quashing order (deprives decision of legal effect)
- mandatory order (enforces the performance by public bodies of their duties)
- prohibiting order (order a public body to refrain from legal action)

Private law remedies only available if claimant has also been wronged in private law (eg committed tort or breached terms of a contract) or if their ECHR rights have been breached (s8 HRA- must also qualify as a ‘victim’ under s7)=> damages may be sought (Maguire)