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Report No. 92

Damage in Applications for Judicial Review: Recommendations for Legislation

Chapter 1

Introductory

1.1. Need for taking up the subject.-

This Report deals with a subject that touches the law of procedure as well as administrative law, namely, the need for legislation to empower High Courts, in proceedings for judicial review, to award damages. The point appears to be of considerable practical importance and has a vital connection, not only with the aspect of reduction of complexity and delay in litigation, but also with broader considerations of justice. The Law Commission has accordingly considered it proper to take up the subject on its own.

The Commission is aware that there are many other areas falling within administrative law, or bordering thereon, to which attention might, in due course, have to be devoted, in the interest of making the administrative process more just and the results more beneficial to all concerned. However, as a matter of practical importance, the point proposed to be taken up at the moment seems to deserve priority. Further, the point appears to be one that can be conveniently dealt with in a separate proposal, independently of wider and more extensive reforms.



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