Beyond O'Reilly V. Mackman: The Foundations and Nature of Procedural Exclusivity
| Autor: | C. F. Forsyth |
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| Rok vydání: | 1985 |
| Předmět: | |
| Zdroj: | The Cambridge Law Journal. 44:415-434 |
| ISSN: | 1469-2139 0008-1973 |
| DOI: | 10.1017/s0008197300114928 |
| Popis: | The position of applicants for judicial review has been drastically ameliorated by the new Order 53. It has removed all those disadvantages, particularly in relation to discovery, that were manifestly unfair to them and had, in many cases, made applications for prerogative orders an inadequate remedy if justice was to be done … Now that those disadvantages to applicants have been removed and all remedies for infringements of rights protected by public law can be obtained upon an application for judicial review, as can also remedies for infringements of rights under private law if such infringements should also be involved, it would in my view as a general rule be contrary to public policy, and as such an abuse of the process of the court, to permit a person seeking to establish that a decision of a public authority infringed rights to which he was entitled to protection under public law to proceed by way of an ordinary action and by this means to evade the provisions of Order 53 for the protection of such authorities.(per Lord Diplock in O'Reilly v. Mackman [1983] 2 A.C. 237 at 285) |
| Databáze: | OpenAIRE |
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