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
.tmb-mov69x69.jpg?sfvrsn=961ae4db_1)
95ca96e3d47f4eff8d147c4f0df17c77.tmb-mov69x69.png?sfvrsn=3db5d86b_1)
