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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll