header-logo header-logo

05 February 2009 / Julia Marlow , Charles Brasted
Issue: 7355 / Categories: Features , Damages
printer mail-detail

Light relief?

Charles Brasted & Julia Marlow review the latest proposals to introduce a damages remedy in judicial review

It is a fundamental principle of judicial review that it does not of itself provide any basis for the award of damages. Damages may only be awarded in judicial review proceedings on the basis of a parallel cause of action in respect of which damages would be an available remedy (such as under the Human Rights Act or EU law). The entitlement to seek damages in such cases is merely a procedural measure intended to obviate the need for a claimant to institute duplicate proceedings.

This position has historically been justified mainly on the ground that the supervisory jurisdiction of the court exists for the benefit of the public at large and not merely to benefit individual claimants—hence it is that all judicial review proceedings are still formally brought in the name of the Queen. In addition, to award damages to an individual would entail substituting the decision of the court for that of the public authority,

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll