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29 November 2024 / Nicholas Dobson
Issue: 8096 / Categories: Features , Judicial review , Nuisance
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Judicial review refused

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Does the existence of a suitable alternative remedy rule out the option of judicial review? Nicholas Dobson weighs up the Supreme Court’s view
  • The Court of Appeal was wrong to dismiss the appeal on the basis of a suitable alternative remedy.
  • It should have considered whether there were good grounds of appeal on the claim’s merits. The case was remitted accordingly to the Court of Appeal.

Judicial review is a claim to review the lawfulness of (among other things) ‘a decision, action or failure to act in relation to the exercise of a public function’ (Civil Procedure Rule (CPR) 54(1)). Court permission is needed for a judicial review claim (CPR 54(4)). Forms of judicial review relief are discretionary, as is the procedure itself. For instance, per s 31(2) of the Senior Courts Act 1981, a declaration may be made, or injunction granted, where the High Court considers, having regard (among other things) to all the circumstances of the case, ‘it would be just and convenient for the declaration to

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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