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Cover Administrative Law

15. Liability of Public Authorities  

Mark Elliott and Jason Varuhas

This chapter examines the nature and operation of the liability of public authorities, with particular emphasis on the tensions between the equality principle, a concern that authorities ought to be specially protected, and a concern that authorities ought to be subject to wider and more onerous obligations. The chapter first considers the relationship of public authority liability with judicial review and goes on to discuss the law of torts, especially the tort of negligence and what circumstances courts ought to impose negligence liability on public authorities for harm caused through exercises of statutory discretion. It then explores negligence liability in relation to omissions, human rights, and misfeasance in public office. It also reviews damages under the Human Rights Act 1998, contracts, restitution, and state liability in European Union law.

Chapter

Cover Constitutional and Administrative Law

15. Judicial review remedies  

This chapter discusses the different kinds of remedy which a court has the power to grant were it to exercise its discretion in favour of a judicial review claimant. It should be noted that the remedies are at the discretion of the court. They include: a quashing order (formerly certiorari); a prohibiting order (formerly prohibition); a mandatory order (formerly mandamus); declaration; injunction; interim declaration; and substitutionary remedy. Damages, however, are excluded from the list of remedies. Although CPR 54.3(2) provides that a claim for judicial review may include a claim for damages, it further provides that the claim may not seek damages alone. The chapter concludes by considering the proposed reforms to quashing orders under the government’s Judicial Review and Courts Bill.

Chapter

Cover Administrative Law

15. Ordinary Remedies  

Sir William Wade and Christopher Forsyth

This chapter is concerned with the remedies of private law which play a part in public law. First come the remedies related to powers (actions for damages, injunctions, declarations, and relator actions). A final section contains such remedies as private law supplies for the enforcement of duties.

Chapter

Cover Wade & Forsyth's Administrative Law

15. Ordinary Remedies  

Sir William Wade, Christopher Forsyth, and Julian Ghosh

This chapter is concerned with the remedies of private law which play a part in public law. First come the remedies related to powers (actions for damages, injunctions, declarations and relator actions). A final section contains such remedies as private law supplies for the enforcement of duties.