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Overview

The types of remedies that can be awarded on an application for judicial review are contained in section 31 of the Senior Courts Act 1981 (SCA 1981). They include:

1. •

   quashing orders

2. •

   mandatory orders

3. •

   prohibiting orders

4. •

   declarations

5. •

   damages (including restitution or recovery of a sum due)

6. •

   injunctions/interim remedies

On an application for judicial review, the claimant must specify any remedy they are claiming in the claim form (CPR 54.6). SCA 1981, s 31(1) permits the remedies to be claimed as alternatives, or in addition to each other. For further information, see: Combining prerogative orders: Supperstone, Goudie and Walker on Judicial Review [16.2]. In this regard, a judicial decision that a claim for judicial review has succeeded is not, generally, sufficient to dispose of a claim (see R (LND1) v The Secretary of State for the Home Department at para [61]).

Remedial discretion in judicial review

It is a fundamental principle that remedies in public law are discretionary (see R (Imam) v Croydon London Borough Council at