An introductory guide to damages in judicial review


Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers , and Adam Heppinstall QC and Jack Castle of Henderson Chambers
Practice notes

An introductory guide to damages in judicial review


Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers , and Adam Heppinstall QC and Jack Castle of Henderson Chambers

Practice notes
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There is no general right to damages caused by unlawful administrative acts. However the court does have a discretion in certain circumstances to award damages in successful claims, which it will only exercise where it is just and appropriate to do so. This Practice Note explains how a public authority can deal with an application for damages in judicial review proceedings and when such an application may arise. It includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings.

Jurisdiction to make a monetary award in an application for judicial review

Senior Courts Act 1981

The judicial review procedure does not create any new right or remedy in damages. The court’s discretion to award damages is confined to cases where the claimant has also established a private law cause of action in the course of judicial review. See: R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] UKHL 57 at [96].

Section

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Damages definition
What does Damages mean?

The monetary compensation awarded by law to a person for the legal wrong done to him.

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