15. Judicial review remedies

2020 ◽  
pp. 354-366
Author(s):  
Neil Parpworth
Keyword(s):  
Judicial Review ◽  
Civil Procedure

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 the claimant for judicial review. 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) of the Civil Procedure Rules provides that a claim for judicial review may include a claim for damages, it further provides that the claim may not seek damages alone.

scholarly journals Intermediate Appellate Review of Commercial Law Decisions in Turkey

2014 ◽  
Vol 4 (1) ◽  
pp. 59-71
Author(s):  
Berna Tepe
Keyword(s):  
Present Article ◽  
Judicial Review ◽  
Civil Procedure ◽  
Court Decision ◽  
Private Law ◽  
Legal Systems ◽  
Commercial Law ◽  
Made In

The judiciary in Turkey is still preparing for the expected intermediate appellate review (istinaf) mechanism in Turkey although the official date for its functioning is yet to be specified. Under Turkish law, a first instance court decision can be appealed not because an assertion or a claim is rejected, but due to a substantive or procedural norm of law which should have been applied during the proceedings in an accurate manner. The scope of such review also covers the suitability of the first instance court’s decision. There are nonfunctional aspects to the judicial review as specified in the 2011 Code of Civil Procedure of which a major column of novelties consist of the suspended mechanism of dual appellate review. However, the 2011 Code of Civil Procedure regulates the intermediate appellate review as a series of procedural acts and steps. The reasons to appeal a first instance court’s decision can rather be deduced from the provisions of 2011 Code of Civil Procedure. In order to structure the reasons and stages of the intermediate appellate review in Turkey, a distinction is made in the present article between (i) review over the appeal’s conditions of admissibility, (ii) review of the decision’s legality, (iii) review of the decision’s legitimacy. Rationally, the reasons for intermediate appellate review should be construed as to accomodate at least the grounds for higher appellate review as well as the extraordinary judiciary review. As different areas of private law are based on different principles, it is noteworthy that cases referred to herein pertain to commercial law. Finally, due to the parallelism between the Turkish and the French legal systems, references to decisions given by the French jurisdiction on commercial matters are made throughout the present article. 

14. Restriction of Remedies

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Judicial Review ◽  
Civil Procedure ◽  
Difference Principle ◽  
Time Limits ◽  
Locus Standi ◽  
Review Procedure ◽  
Alternative Remedies

This chapter considers various factors that may prevent claimants from obtaining relief via judicial review. It first discusses the provisions of the ‘Pre-Action Protocol’ regarding court permission for judicial review before considering the requirement to exhaust alternative remedies. It then reviews the time limits for those who wish to use the judicial review procedure, focusing on the requirements of Senior Courts Act 1981 and Civil Procedure Rules Parts 3 and 54. It also explores questions of ‘prematurity’ and ‘ripeness’, along with the courts' general approach to the exclusion of judicial review and the role of standing, or locus standi, in initiating judicial review proceedings. The chapter concludes with an overview of the application of the ‘no difference’ principle in dealing with restriction of remedies.

1 Commencing Proceedings

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
Judicial Review ◽  
Competition Law ◽  
Civil Procedure ◽  
Civil Aviation ◽  
Collective Actions ◽  
High Court ◽  
Different Types

This chapter discusses the procedural rules that govern how different types of competition law claims are commenced. It first considers private actions in the High Court, where procedure is governed by the Civil Procedure Rules 1998 (CPR), as amended, and the procedure in the Competition Appeal Tribunal (CAT), which is governed by the Competition Appeal Tribunal Rules 2015 (CAT Rules). It then examines private actions in the CAT as well as appeals to the CAT, focusing on issues relating to jurisdiction, procedure for commencing both individual claims and collective actions, appeals under the Competition Act 1998, appeals in telecommunications cases, proceedings under the Civil Aviation Act 2012, and appeal on merits. Finally, it explains judicial review both in the Administrative Court and in the CAT, taking into account applications for review of merger and market investigation decisions in the CAT as well as grounds of review.

15. Judicial review remedies

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Judicial Review ◽  
Civil Procedure

This chapter discusses the various remedies which courts may grant claimants for judicial review. It should be noted that the remedies are in the discretion of the court. The remedies which may be granted 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) of the Civil Procedure Rules provides that a claim for judicial review may include a claim for damages, it further provides that the claim may not seek damages alone.

scholarly journals CERTAIN ASPECTS OF COMMENCING APPELLATE PROCEEDINGS AGAINST THE DECISIONS OF ARBITRATION COURTS AND PREPARING THEM FOR TRIAL

2019 ◽  
pp. 34-38
Author(s):  
Yu. O. Kotviakovskyi
Keyword(s):  
Judicial Review ◽  
Civil Procedure ◽  
Compromise Solution ◽  
Current Version ◽  
Civil Proceedings ◽  
Relevant Category ◽  
Points Of View ◽  
The Law ◽  
Simplified Procedure ◽  
The Right

On the basis of the analysis of the rules of the Code of Civil Procedure of Ukraine governing proceedings on appeals against decisions of arbitration courts, and taking into account scholars’ points of view on this issue, the article investigates the procedure for commencing proceedings in cases of the relevant category and preparing them for judicial review. The author argues that it is advisable to consider commencement of appellate proceedings against the decisions of arbitration courts as a separate stage of civil proceedings that has a specific procedural purpose, structure and deadlines clearly defined by the law. Attention is drawn to the unreasonable refusal to commence proceedings in the event of an appeal against a decision made by an arbitration court on the grounds not provided for by the law. In this part, it is noted that the decision on the presence or absence of the grounds for setting aside an award made by the arbitration court, according to Part 3 of Article 457 of the Code of Civil Procedure of Ukraine, is taken when considering the case in court. Thus, refusing to commence proceedings on the basis of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine, the court actually makes a decision on the substance out of court. With respect to the abovementioned, it is suggested to specify the rules of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine. Considering the procedure for preparation of cases on appeals against decisions of arbitration courts, the author focuses his attention on the progressive nature of the provisions of Article 456 of the Code of Civil Procedure of Ukraine. It establishes the right of a competent court on its own initiative to ask the arbitration court for the necessary case materials concerning the grounds for setting aside the arbitral award. The implementation of this approach creates the conditions for further fair trial. At the same time, the consideration of cases on appeals against the decisions of arbitration courts in the order of simplified procedure according to the current version of the Code of Civil Procedure of Ukraine, in the author’s opinion, limits the parties’ possibilities for a compromise solution to the dispute. Emphasis is placed on the reasoning of further improving the legislation in terms of empowering the parties to conciliate procedures, at the stage of preparation of cases for trial.

Civil Procedure Rules 1998, PD 54A — Judicial Review

2015 ◽  
pp. 350-353
Author(s):  
Rhona Smith ◽  
Eimear Spain ◽  
Richard Glancey
Keyword(s):  
Judicial Review ◽  
Civil Procedure

Judicial Review

2019 ◽  
Author(s):  
Kenneth Hamer
Keyword(s):  
Judicial Review ◽  
Civil Procedure

Section 31 of the Senior Courts Act 1981, and Parts 8 and 54 of the Civil Procedure Rules 1998 (CPR), deal with the rules applicable to judicial review. Part 8 of the CPR, as modified by Part 54, read with the Senior Courts Act 1981, section 31, now contains the procedural rules governing claims for judicial review. (See Civil Procedure 2018, Vol. 1, at CPR Part 54, Judicial Review and Statutory Review.)

The Civil Procedure Rules at 20

2020 ◽  
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Judicial Review ◽  
Justice System ◽  
Civil Procedure ◽  
Civil Justice ◽  
Permanent Record ◽  
Collective Redress ◽  
20Th Anniversary ◽  
Civil Justice System

The book provides a series of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, Mansfield College, Oxford in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book considers the successes and failures of the CPR, and current challenges faced by those designing, administering and using the civil justice system. It covers a range of topics including: the digitisation of the civil justice system, the overriding objective, principles of proportionality, disclosure, collective redress, judicial review rules, closed material proceedings and costs and funding rules. The book contains doctrinal, theoretical and empirical research and analysis about the use of the civil procedure rules and the civil justice system more broadly.

scholarly journals The history of formation and development of court decisions review in the civil procedural law of Ukraine

1970 ◽  
pp. 233-238
Author(s):  
Daryna Meniuk
Keyword(s):  
Judicial Review ◽  
Civil Procedure ◽  
Court Decisions ◽  
Civil Process ◽  
Procedural Law ◽  
Foreign Law ◽  
Long Time ◽  
History Of ◽  
The Russian Empire ◽  
The Right

The article presents the historical aspects of the formation and development of the institution of the review of court decisions in the civil process of Ukraine. The civil procedural rulings that govern the procedure for reviewing court decisions in each period of civil procedural law history are analysed, and the main reforms of the civil procedural legislation that have influenced on the development of the institution of the review of court decisions due to newly discovered or exceptional circumstances are identified. It draws attention to the fact that for a long time the formation of procedural law took place without the institutions of review of court rulings, in particular, the review of newly discovered circumstances. For instance, in the Kyivan Rus' judgments could be enforced immediately after their proclamation. The period of staying of Ukrainian lands under the rule of the Polish and Lithuanian legislature and was referred to as the "domination of foreign law". During this period, we adhere to the Second Lithuanian statute of rules that enable a person to seek of judicial review. The most prominent monument of procedural law of the Cossack Hetmanate era was the Ukrainian Code of 1743, also known as «The Rights under which Little Russian people are suing», which also provided for the possibility of review in an extraordinary way of review and revocation of court rulings. The next period of civil procedural law development should be considered in view of the division of Ukrainian lands and the corresponding influence of the Austrian and Russian empires on the law of our state. The Austrian Civil Procedure Code of 1895 provided for the possibility of reviewing court decisions in the form of an appeal and cassation. On the territory of Ukraine, which was part of the Russian Empire, the main act was the Statute of Civil Procedure of 1864 which provided for the possibility of judicial review in the event of the opening of new circumstances or falsification of acts on the basis of which a decision was made; and where the judgment is taken against a defendant who did not appear for trial and whose whereabouts were unknown. The events of 1917 initiated the so-called "soviet" or "socialist" law. For a long period, court decisions were either not reviewed or reviewed in exceptional circumstances. Only after the declaration of independence of Ukraine the judicial reforms were began, also for the institution of judicial review as one of the elements of the right to a fair trial.

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