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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll