19. Restriction of Remedies
19. Restriction of Remedies
- Sir William WadeSir William Wadeformerly Emeritus Rouse Ball Professor of English Law, University of Cambridge
- and Christopher ForsythChristopher ForsythFellow in Law, Balliol College, University of Oxford
Abstract
Remedies are awarded only to litigants who have sufficient locus standi, or standing. The law starts from the position that remedies are correlative with rights, and that only those whose own rights are at stake are eligible to be awarded remedies. No one else will have the necessary standing before the court. This chapter discusses the old and new law of standing; discretionary power of the court to withhold remedies; exhaustion of remedies; protective and preclusive (ouster) clauses; exclusive statutory remedies; and ‘default powers’, i.e. special powers under which ministers may take steps to compel local authorities to carry out their functions properly.
