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Report No. 92

5.3. Position in England.-

As to England, by recent reforms, it has been provided that in an application for judicial review, not only a declaration can be made or an injunction granted, but damages, if claimed, may also be joined with the application. The law now appears as section 31 of the Supreme Court Act, 1981. This section is a codification of (new) Order 53 of the Rules of the Supreme Court, establishing the procedure for application for judicial review introduced in 1977. The new procedure had implemented the recommendations of the English Law Commission1. Codification was considered appropriate because of the importance of the new procedure.

1. English Law Commission Report on Remedies in Administrative Law, Comm. No 73, Cmd. 6407, 1976.



Damage in Applications for Judicial Review - Recommendations for Legislation Back




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