2. Public Law Remedies
a. Introduction:
Applicants seeks remedy, JR determies the course
All discretionary remedy
Applicants must have
Locus standi
Decision that is subject to JR
Entitled to one/more remedy
Remedies available:
Certiorari
Mandamus
Prohibition
b. Certiorari
Looks to the pass and quash decisions which is unlawful
Effect: as if decision was never made
Result: remitted to the PA
EX Shapher: revocation of permit –certiorari used to quash
unlawful decisions in breach of NJ but not legislative decisions
3. Public Law Remedies
Used to control judicial actions
C. Mandamus: (AJA 5(1)(c); JRA 5(8)(a)
Used to compel performance of a public duty (wade & Forsyth:
commonest weapon in the hands of an ordinary citizen when PA has
not done its duty; Re BTL: order granted for the director of
telecommunication to keep a register, was a statutory duty)
d. Prohibition:
Prevents PA from continuing a public duty
Prevents a future unlawful action (Linton v Hyman: sought order to
prevent magistrate from hearing a matter, no prohibition because
magistrate did not act unlawful)
2) Private Law Remedy
Used where public law remedies are insufficient
Remedies are:
Damages
Injunction
Declaration
Restitution
4. Private Law remedy
Return of money
b. Damages:
1. Judicial Review Act of Barbados (AJA: s5)
Court may grant damage/restitution (Pilgrim v Nurse: applicant not
always entitled to damages except where there has been deliberate,
malicious abuse of power, AJA provides for the improvement of
administrative justice in Barbados)
2. Judicial Review Act of Trinidad (JRA s 8)
May award if applicant applies for it
Gooding v PSC: court may grant damages if
Applicant includes it in his claim
Action was begun by the applicant
Criteria was fulfilled
c. Injunction: (AJA 5(2)(e); JRA 8(1)(b) (2)(3)
5. Private law remedies
Operates to stop an activity immediately pending the final determination
(Blake Estate v AG Montserrat: constructing of cemetery on private land Injunction granted within the American Cyanamid rules, damage would
have been inadequate; Damage adequate no injunction granted within the
American Cyanamid test- Mason v UWI)
d. Restitution (AJA 5(2)(f), JRA 8(5)
Disgorging of profits made from wrongdoing
Prevention of unjust enrichment (travellers Rest Lodge v Haylock: no
restitution on the reimbursement of fees charged at a cave entrance, on the
facts the amount not quantified and money was paid by the tourist so there
was no loss
e. Declaration: (AJA 5(2)(d); JRA8(1)(b); (2)(3)
Pronouncement on a legal matter
Outlines what the legal rights are (Francois v AG: whether applicant had
locus standi which shows that he was personally affected)
