header-logo header-logo

09 April 2009 / David Lock
Issue: 7364 / Categories: Features , Public
printer mail-detail

A balancing act

David Lock discusses the use and abuse of interim remedies in Administrative Court actions

Although judicial review applications are a special form of litigation, CPR 25 applies in the same way as it applies to other species of litigation and the full range of interim remedies is potentially available. However special considerations apply to the grant of interim injunctive relief where the dispute involves a conflict between private and public interests, especially where damages are not a primary remedy for either party.

Starting point for seeking interim relief

The House of Lords in Reg v Transport Sec, Ex p Factortame Ltd (No. 2) [1991] 1 AC 603 confirmed that the American Cyanamid approach was the starting point for interim relief in public law cases as it is in private law litigation.

Hence the first question is whether the claimant has raised a serious issue to be tried. There is a presumption of validity in the lawfulness of the actions of public bodies. It is for the claimant to displace the presumption. However if a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll