Leave for judicial review is required in every case. The purpose is to filter out cases which have no substance, are frivolous vexatious and would waste court time. An application for leave to appeal as made in the unilateral “ex parte” application. There is to be a statements of grounds setting out specified information and the relief requested. This must be verified by an […]
The application is made by an originating notice of motion unless otherwise directed by court. The statement of grounds and the court order for leave determines the scope of the proceedings. The notice of motion order for leave and statement of grounds and affidavits are served on all persons affected by the application. This must be done within seven days of the perfection of the […]
Before the application is heard, Practice Directions require filing of a booklet of papers including copy of the notice of motion order granting leave statement of grounds affidavit which verifies it statement of opposition affidavit verifying the same affidavit of personal service order to be quashed/ nullified if applicable Directions are usually made in advance, regarding filing and exchange of legal submissions. Cases are […]
Reliefs An application for judicial review is made in a manner prescribed by Order 84 of the Superior Court Rules. The remedies sought may be certiorari, mandamus, prohibition or quo warranto. See the chapters on judicial review in this regard. The court may grant a declaration or injunction in an application for judicial review if having regard to the nature of the matters in respect […]
Prerogative Writs The historical antecedents of modern judicial review were the so-called prerogative writs. They are certiorari mandamus prohibition and habeas corpus. The label prerogative emphasizes their link with the Crown. The writs issued from the Kings Bench which was notionally the court most closely associated with the King. The functions of the King’s Bench transferred to the High Court after the amalgamation of the […]
Certiorari Certiorari is an ancient remedy developed by the royal courts to exercise supervision over justices of the peace. The justices exercised jurisdiction in a range of criminal and quasi administrative matters. Over time, the remedy developed and was extended to bodies and tribunals whether courts or not where a legal body had authority to affect rights and had a duty to act judicially or […]
As of Right v Discretion The courts have changed their views over time as to the extent to which certiorari issues as of right. Historically, the courts had the discretion to grant or withhold certiorari. the principal public law remedy for quashing unlawful decisions. The courts appear to have come to the view that the remedy should be available generally as of right, where a […]
General Judicial review is a High Court procedure in which the legality of acts of public and administrative bodies may be challenged and found invalid. The focus is not on the merits of a decision, but on its legality. Judicial review may be undertaken in relation to the acts and decisions of the so-called lower courts; the District and Circuit Court and also and more […]