WHEN IS IT WHEN IS IT APPROPRIATE TO SEEK DAMAGES OR RESTITUTION IN PUBLIC LAW CASES?

WHEN IS IT PRECISELY POSSIBLE OR APPROPRIATE TO ATTACH CLAIMS FOR DAMAGES OR RESTITUTION ONTO PUBLIC LAW JR CASES

By Richard Clayton QC

Section 31(4) of the Senior Courts Act 1981 defines the circumstances in which the court may award damages, restitution or the recovery of a sum due on a claim for judicial review and states: On an application for judicial review the High Court may award to the applicant damages, restitution or the recovery of a sum due if— (a) the application includes a claim for such an award arising from any matter to which the application relates; and (b) the court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application. CPR 54.3(2) states: A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone. As a result, a claim for damages or for the recovery of money paid by a public body (restitution) may be included in a claim for judicial review. Such a claim may, however, only be included in addition to a claim for one of the prerogative remedies or a declaration or injunction; a claimant may not seek damages or restitution alone in a claim for judicial review.

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Richard Clayton QC