JUDICIAL REVIEW ACT 1991 - SECT 43
Application for review
JUDICIAL REVIEW ACT 1991 - SECT 43
Application for review
43 Application for review
(1) An application for—
(a) a prerogative order; or
(b) a prerogative
injunction;
must be made by way of an application for review.
(2) An
application for a declaration or injunction (other than a prerogative
injunction)—
(a) may be made by way of an application for review if it would
be appropriate to do so having regard to—
(i) the nature of the matters in
relation to which relief may be sought; or
(ii) the nature of the persons
against whom relief may be sought;
in an application for a prerogative order
or prerogative injunction; and
(b) may be made by way of an application for
review, whether or not a prerogative order or prerogative injunction is sought
in the application.
(3) If—
(a) an application for a declaration or
injunction (other than a prerogative injunction) is made under subsection (2)
; and
(b) the court considers—
(i) that the relief sought should not be
granted on an application for review; and
(ii) that the relief may have been
granted if it had been sought in an action begun by writ of summons or
originating summons by the applicant at the time of starting the application
for review;
the court may, instead of refusing the application, order the
proceeding to continue as if it had been begun in the way mentioned in
paragraph (b) (ii) .