Judicial Review

Section 31 of the Supreme Court Act 1981 is amended (by s 141 of the Tribunals, Courts and Enforcement Act 2007) to provide that if, on an application for judicial review, the High Court quashes the decision to which the application relates, it may also (i) remit the matter to the original decision-maker, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or (ii) substitute its own decision for the decision in question (s 31(5)).

It may substitute its own decision only if the decision in question was made by a court or tribunal, the decision is quashed on the ground that there has been an error of law and, without the error, there would have been only one decision which the court or tribunal could have reached (s 31(5A)).

Unless the High Court otherwise directs, a decision so substituted has effect as if it were a decision of the relevant court or tribunal (s 31(5B)).