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12. Remedies
- Mark ElliottMark ElliottProfessor of Public Law, University of Cambridge
- , and Jason VaruhasJason VaruhasAssociate Professor, University of Melbourne
Abstract
This chapter examines the remedies that may be granted when administrative action is deemed unlawful. It begins with an overview of the provisions of Senior Courts Act 1981 and goes on to discuss the role of injunctions in public law, the availability of interim injunctions, and the question of whether injunctive relief may issue against the Crown. It then considers the role of declarations in public law, along with relator proceedings brought by the Attorney-General on behalf of a member of the public or an agency in order to obtain an injunction or declaration. In particular, the chapter explores quashing orders, the most commonly sought remedy in judicial review proceedings, as well as prohibiting orders and mandatory orders. A number of relevant cases are cited throughout the chapter, including R v. Ministry of Agriculture, Fisheries and Food, ex parte Monsanto plc [1999] QB 1161.
