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Interi, declarations against the Crown General
Que major change suggested by the Kempster Sub-committee has not been addressed in the proposed : Bill.. Consequently, some controversy may arise.
1
ia
(a) It has long been accepted that injunctions
will Bot be granted by the Courts co. Testzain actions by the Cowa (i.e. the Government). Instead, the Crown Proceedings Ordinance (Chapter 300), which is modelled ou a corresponding United Kingdom statute, provides chac in proceedings against the Government the Sigh Court may issue "declarations"; i.e. definitive statements as to the relative rights of the parties. Although
unlike declaration, a injunction, has GO coercive effect, in practice it will always be followed by the Crown.
(b)
•
any power
Crown,
an
an
In litigation between private citizens "interia
will injunction"
sometimes be granted by the Courts to maintain the status que pending crial. Since injunctions cannot it follows be granted against the that interim injunctions are also precluded Nor does the law as against the Crown. provide
interim grant declarations which would be declaratory of rights on a provisional basis, pending a final determination of those rights. In the event, there is no measure presently available to restrain the Government from a particular course of action pending a final hearing or determination. Accordingly, the Kempster Sub-committee considered that some form of interlocutory relief was required for Crown proceedings.
was
(c) The Sub-committee suggested that the Courts be empowered to grant interim declarations to restrain intended Government actions in a падлет akin to the operation of interim injunctions upon private individuals. It this would make the considered that Crown as "equally subject to the law as
citizens and reduce private citizens
the risk of „arbitrary,
unlawful
and capricious Government actions. The Sub-committee saw interim declarations being utilised in situations relating to resumption of land, destruction of unauthorised structures and general abuses of executive power.
It was
also noted that in a 1980 report the Law Commission (England and Wales) had recommended that interim declarations introduced in the United Kingdom.
be
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