Does the existence of a suitable alternative remedy rule out the option of judicial review? Nicholas Dobson weighs up the Supreme Court’s view
- The Court of Appeal was wrong to dismiss the appeal on the basis of a suitable alternative remedy.
- It should have considered whether there were good grounds of appeal on the claim’s merits. The case was remitted accordingly to the Court of Appeal.
Judicial review is a claim to review the lawfulness of (among other things) ‘a decision, action or failure to act in relation to the exercise of a public function’ (Civil Procedure Rule (CPR) 54(1)). Court permission is needed for a judicial review claim (CPR 54(4)). Forms of judicial review relief are discretionary, as is the procedure itself. For instance, per s 31(2) of the Senior Courts Act 1981, a declaration may be made, or injunction granted, where the High Court considers, having regard (among other things) to all the circumstances of the case, ‘it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.’
But,
