What Remedies Are Available In A Judicial Review Hearing?

If the Court hearing a Judicial Review Case grants the Application, there are six possible remedies as follows:-

  • Quashing Order – striking out the original decision, and requesting the public body to take the decision again, lawfully;
  • Mandatory Order – ordering the Public Body to do something it has to do;
  • Prohibiting Order – forbidding the Body from doing something unlawful in the future;
  • Declaration – for example declaring that a legislative provision is incompatible with the Human Rights Act;
  • Injunction – a temporary remedy pending the hearing of the full Application for Judicial Review;
  • Damages – may be available, particularly where there has a been a breach of an individual’s rights under the Human Rights Act

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