12, 13, 14 - Judicial Review of Administrative Action

Source: Core Text on Constitutional and Administrative Law

Following is the summary of these chapters:

1) The natures of judicial review - (a) Rule laid down in O'Reilly and contrast this with Mercury Communication, broad v narrow interpretation (b) public law and private law distinction (c) Collateral challenge, can public law issue be raised in private law proceeding, see the the case of Wandsworth London Borough Council (d) Ouster clause (e) Procedure viz: 2 step process

2) The grounds of judicial review - See the case of Wednesbury restated in GCHQs case ie, (a) Illegality (b) Irrationality and (c) Procedural impropriety

3) Remedies - (a) Quashing order (b) Mandatory order (c) Prohibiting order (d) Declaration (e) Injunction (f) Interim declaration (g) Substitutional remedy (h) Damages only in certain circumstances as laid down in s31(4) of Supreme Court Act