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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll