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Remedies

Remedies

 

It is only possible to challenge a decision via judicial review if there is no internal appeal or complaints procedure available. If this alternative remedy is available then an application for judicial review is not possible.

 

If an application is successful a court could grant the following discretionary remedies:

 

  • Quashing orders: declaring the original decision is invalid;
  • Prohibiting orders: the public body is forbidden from undertaking a certain action;
  • Mandatory orders: the public body is ordered to do something; and
  • A declaration to confirm the decision made by the public body is incompatible with the Human Rights Act.

 

Please be aware that compensation is rarely possible in judicial review cases.

 

If you have any enquiries regarding this legal area, please contact Duncan Lewis Solicitors at 033 37720 0409.


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