In an application for judicial review, the Court may award damages to the applicant if he has included in the statement in support of his application for leave, a claim for damages arising from any matter to which the application relates.\u00a0 The Court is to be satisfied that, if the claim had been made in a civil action against the respondent, it would award damages.<\/p>\n
Where relief is sought to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, committal, conviction, or record, unless before the hearing of the motion or summons he has lodged in the High Court, a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court.<\/p>\n
If necessary, the court may order that the person against whom an order of certiorari be directed, to make a record of the judgement, conviction or decision complained of.\u00a0 Where the order is made, such order shall direct that the proceedings shall be quashed forthwith on their removal into the High Court.<\/p>\n
Where relief is sought and the Court is satisfied there are grounds for quashing the\u00a0 decision to which the application relates, it may, in addition to quashing it, remit the matter to the Court, tribunal or authority concerned with a direction to\u00a0 reconsider it and reach a decision in accordance with the findings of the Court.<\/p>\n
Where the relief sought is a declaration, an injunction or damages, the Court considers that it should not have been granted on an application for judicial review but might have been granted in a civil action against the respondents, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by plenary summons.<\/p>\n
Where the relief sought or includes an order to compel something to be done, the proceeding shall not abate by reason of the death, resignation or removal from office of the respondent.\u00a0 They may be continued in the name of successor in office or right of that person.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Reliefs An application for judicial review is made in a manner prescribed by Order 84 of the Superior Court Rules.\u00a0 The remedies sought may be certiorari, mandamus, prohibition or quo warranto.\u00a0 See the chapters on judicial review in this regard. The court may grant a declaration or injunction in an application for judicial review if […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[322],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29687"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29687"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29687\/revisions"}],"predecessor-version":[{"id":29962,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29687\/revisions\/29962"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29687"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29687"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29687"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}