Skip to main content

Administrative Law: Law Commission's Report

Volume 387: debated on Wednesday 7 December 1977

The text on this page has been created from Hansard archive content, it may contain typographical errors.

asked Her Majesty's Government:What progress has been made with the implementation of the Law Commission's recommendations in their Report on

Remedies in Administrative Law (Cmnd. 6407).

I am pleased to say that, although the Law Commission appended to their report a draft Bill to give effect to their recommendations, it has been found possible to implement virtually all of them by Rules of Court without the need for legislation. The Rules of the Supreme Court (Amendment No. 3) 1977, which have been laid before Parliament today, introduce, as the Law Commission proposed, a new form of procedure, to be known as "an application for judicial review", to enable a person wishing to challenge an administrative act or omission to obtain from the High Court either one of the prerogative orders of mandamus, prohibition or certiorari or, as appropriate, a declaration or an injunction and damages. The procedure is based on the present practice in proceedings for a prerogative order but constitutes a uniform code and eliminates a number of procedural differences between the remedies which at present make it difficult for the applicant to select one most appropriate to his case. I have no doubt that these new rules, which will come into force at the beginning of next Term, will be generally welcomed as a significant reform in this important branch of procedural law.