Remedies Flashcards
(10 cards)
Which remedy in judicial review cancels an unlawful decision and returns the matter to the original decision-maker?
A. Quashing order
B. Prohibiting order
C. Injunction
D. Declaration
A. Quashing order
Explanation: A quashing order invalidates an unlawful decision and sends it back to the public body to be reconsidered lawfully.
Which remedy prevents a public authority from acting unlawfully in the future before the decision is made?
A. Declaration
B. Mandatory order
C. Injunction
D. Prohibiting order
D. Prohibiting order
Explanation: A prohibiting order stops an unlawful act before it occurs — often used when an unlawful decision is imminent.
Which of the following is a key characteristic of remedies in judicial review?
A. They are granted automatically if a legal error is found
B. They are discretionary, and courts may refuse even where unlawfulness is proven
C. They include jury awards
D. They require parliamentary approval
B. They are discretionary, and courts may refuse even where unlawfulness is proven
Explanation: Courts weigh factors like delay, public interest, and remedy usefulness when deciding whether to grant relief.
A public authority refuses to carry out a statutory duty. Which remedy is most appropriate?
A. Quashing order
B. Injunction
C. Declaration
D. Mandatory order
D. Mandatory order
Explanation: A mandatory order compels the authority to perform a legal duty it has failed or refused to carry out.
A claimant seeks confirmation of their legal rights under a statutory scheme but does not seek to change a decision. What remedy is suitable?
A. Quashing order
B. Mandatory order
C. Injunction
D. Declaration
D. Declaration
Explanation: A declaration provides legal clarity without compelling action — ideal when the aim is to clarify a legal position.
Which of the following is true regarding damages in judicial review?
A. They are only awarded if justified under separate legal grounds, such as the Human Rights Act 1998
B. They are the default remedy when a breach is found
C. They are awarded automatically with a declaration
D. They are capped at £10,000
A. They are only awarded if justified under separate legal grounds, such as the Human Rights Act 1998
Explanation: Judicial review rarely results in damages, except when a separate legal basis (e.g., HRA 1998, tort) supports them.
In what situation would a court most likely issue an injunction in judicial review?
A. After a decision is implemented
B. During a consultation process
C. Where urgent action is needed to stop imminent unlawful conduct
D. When damages are unavailable
C. Where urgent action is needed to stop imminent unlawful conduct
Explanation: An injunction is a flexible remedy used urgently to prevent unlawful action from taking effect — e.g., deportation.
Which case best illustrates that a legal error does not always result in a remedy being granted?
A. Anisminic
B. GCHQ
C. Simplex GE v Secretary of State for the Environment [1989]
D. Fleet Street Casuals
C. Simplex GE v Secretary of State for the Environment [1989]
Explanation: In Simplex, the court found unlawfulness but refused a remedy because the outcome would likely have been the same.
What remedy would best stop a deportation scheduled to take place within hours, pending judicial review?
A. Injunction
B. Quashing order
C. Declaration
D. Mandatory order
A. Injunction
Explanation: An interim injunction can be granted on urgent grounds to preserve the status quo before a final decision is made.
A court finds a policy unlawful, but refuses to issue a remedy due to delay and prejudice to third parties. What does this demonstrate?
A. That remedies are unavailable in public law
B. That judicial review is ineffective
C. That remedies are always time-barred
D. That judicial review remedies are discretionary
D. That judicial review remedies are discretionary
Explanation: Even where a claimant succeeds, courts may withhold relief for reasons including delay, prejudice, or futility.
