header-logo header-logo

29 November 2024 / Nicholas Dobson
Issue: 8096 / Categories: Features , Judicial review , Nuisance
printer mail-detail

Judicial review refused

199170
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

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll