Judicial review: remedies & procedure
Judicial review has its own remedies and a distinct procedure under the Civil Procedure Rules Part 54. Claimants must satisfy requirements on standing, time limits, amenability and permission before the court considers the substantive grounds.
What "Judicial review: remedies & procedure" covers
- The claim must concern a public law decision by a body amenable to review (public function), pursued through the Administrative Court under CPR Part 54.
- The claimant needs sufficient interest (standing) in the matter - a liberal test, including public interest groups (R v IRC, ex p National Federation of Self-Employed).
- The claim must be brought promptly and in any event within 3 months of the grounds arising (shorter periods apply in some fields, e.g. planning and procurement).
- There is a two-stage process: permission must be obtained before the substantive hearing.
- Remedies are discretionary: quashing order, prohibiting order, mandatory order, plus declaration, injunction and (exceptionally) damages.
- Alternative remedies should usually be exhausted first; delay, conduct and futility can defeat relief even where grounds are made out.
- Ouster clauses are construed narrowly (Anisminic; Privacy International), and relief may be refused where it would make no difference (Senior Courts Act 1981 s.31(2A)).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For judicial review: remedies & procedure, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Missing that JR must be brought promptly - even within 3 months a claim can be too late if not prompt.
- Assuming remedies are granted as of right; all JR remedies are discretionary.
- Overlooking the permission stage as a filter before the substantive hearing.
- Bringing JR where a suitable alternative remedy (e.g. a statutory appeal) exists.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on judicial review: remedies & procedure.
FAQ
Is judicial review: remedies & procedure tested on SQE1?
Yes — judicial review: remedies & procedure is part of the SQE1 Legal System, Constitutional & EU Law syllabus (FLK1) and can appear in single best answer questions.
How is judicial review: remedies & procedure examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Civil Procedure Rules Part 54 / Senior Courts Act 1981 s.31, R v Inland Revenue Commissioners, ex p National Federation of Self-Employed [1982] (standing)) helps.