Author: Olley, Kate

Source: Judicial Review, Volume 5, Number 4, December 2000 , pp. 240-244(5)

Publisher: Hart Publishing

Abstract:

When and how is the issue of an adequate alternative remedy to be determined? This article considers which of the two stages at which the court has to exercise a discretion - the permission stage and the substantive hearing - ought to be decisive in this regard. It asks how the issue is to be dealt with at the permission stage and what exactly the court should decide. Should the court determine the alternative remedy issue definitively at the permission stage, or should it merely see if it is an arguable point and grant permission, allowing the issue to be argued in full at the substantive stage? This article also looks at the exercise of the court's discretion in the context of the existence of an alternative remedy, and reflects upon the significance of the question for the permission stage.

Keywords: judicial review; alternative remedies; permission stage; discretion; substantive hearing

Document Type: Research article

Publication date: 2000-12-01

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• Judicial Review is now firmly established as the UK's leading journal for lawyers engaged in judicial review, catering for both practitioners and academics. It offers invaluable insights from today's foremost judicial review experts, combining analysis of general judicial review matters with practical information and guidelines for use by practitioners in the prepartation and conduct of applications for judicial review. The journal includes short and accessible items on the law, practice and procedure and recent cases. There is coverage of sub-topics within judicial review such as constitutional change, prison cases, commercial, and environmental judicial review. Other popular features are reviews of the academic literature, surveys of the leading cases, case commentaries and summaries of recent research.

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