32
CONFIDENTIAL
(4)
of Lords discussion, Factortame Ltd. and others
v. Secretary of State for Transport [1989] 2 All E.R.
692 at 706, copy attached).
[In 1947 the reforms (except for an isolated section),
did not purport to modify crown side proceedings and apart from standardising obsolescent procedures by or against the Crown were concerned with actions or matters commenced by writ or originating summons. Only as recently as 1939 had the Crown Office Rules been simplified and incorporated into the Rules of the Supreme Courts Order LIX. The 1947 reform was perceived as unconnected with Order LIX and
crown side proceedings, The definition in 1947 Act s.38 and Cap 300 S.2 was included to avoid doubt in a matter which at the time was probably
quite patent. As noted above the 'public law' actions within the 1947 legislation have now been taken outside that framework by judicial decision.]
Generally speaking, the relief that could be granted in an application for judicial review would include certiorari, prohibition, mandamus, a declaration or an injunction.
[Agreed. In practice an injunction will rarely be used. Declarations and the prerogative orders will usually be the outcome of a successful judicial review. Declarations although sought will often not be necessary if certiorari issues.]
However an injunction, interlocutory or permanent, cannot be given against an officer of the Crown if the effect would be to enjoin the Crown (CPO,
sub-section 16(2)).
CONFIDENTIAL