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  • Print publication year: 2018
  • Online publication date: December 2018

20 - Remedies in Judicial Review

from Part IV - Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation

Summary

This chapter gives a detailed discussion of the remedies that are available on an application for judicial review. It discusses the main procedural rules on remedies, before introducing the remedies of certiorari, prohibition, mandamus, declaration (including suspension of a declaration and orders of temporary validity), injunction (including interim injunction), and damages, restitution and recovery of a sum due. It discusses the discretionary nature of remedies, including their relationship with statutory appeals mechanisms, prematurity of application, delay, waiver, acquiescence, the undeserving applicant, futility, no prejudice and inevitability. The chapter concludes with a discussion of judicial review proceedings continued as though begun by writ.