Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the distinctions between public and private rights and bodies but also looking at the practical consequences of the choice of procedure which has been made. If the choice has no significant disadvantage for the parties, the public or the court, then it should not normally be regarded as constituting an abuse.’
Judges:
Lord Woolf
Citations:
Times 20-Aug-1997, [1997] 4 All ER 747, [1997] EWCA Civ 2257, [1998] 1 WLR 840
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Ministry of Agriculture Fisheries and Food ex parte Lower Burytown Farms Limited and National Farmers Union and others Admn 1-Aug-1995
The applicants were farmers who had claimed payments under the set-aside scheme. Payment was refused on the basis that they had claimed too much, but payment was ordered to be made after a ruling in Europe. They now sought judicial review of a . .
Cited – Steed v Secretary of State for the Home Department HL 26-May-2000
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 09 November 2022; Ref: scu.142654
