Judicial Review Certiorari in UK Law

Leading Cases
  • Pearlman v Keepers and Governors of Harrow School
    • Court of Appeal (Civil Division)
    • 14 Julio 1978

    I would suggest that this distinction should now be discarded The High Court has, and should have, jurisdiction to control the proceedings of inferior courts and tribunals by way of judicial review. The way to get things right is to hold thus: No court or tribunal has any jurisdiction to make an error of law on which the decision of the case depends. If it makes such an error, it goes outside its jurisdiction and certiorari will lie to correct it.

  • R v Panel on Take-overs and Mergers, ex parte Datafin Plc
    • Court of Appeal (Civil Division)
    • 05 Diciembre 1986

    But in between these extremes there is an area in which it is helpful to look not just at the source of the power but at the nature of the power. If the body in question is exercising public law functions, or if the exercise of its functions have public law consequences, then that may, as Mr. Lever submitted, be sufficient to bring the body within the reach of judicial review.

  • R v Secretary of State for the Home Department, ex parte Khawaja
    • House of Lords
    • 10 Febrero 1983

    But the difference arises not in the law's substance but from the nature of the remedy appropriate to the case. But the difference arises not in the law's substance but from the nature of the remedy appropriate to the case. This remains the law today and effectually puts habeas corpus in like case with the other form of judicial review. This remains the law today and effectually puts habeas corpus in like case with the other form of judicial review.

  • Neill v North Antrim Magistrates' Court and Another
    • House of Lords
    • 12 Noviembre 1992

    It is however one thing to hold that it is for the magistrates to rule on admissibility, if invited to do so, so that a decision on the issue must in principle be reviewable, and quite another to say that the grant of relief should follow as a matter of course. It is only in the case of a really substantial error leading to a demonstrable injustice that the judge in the Divisional Court should contemplate the granting of leave to move.

  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • House of Lords
    • 09 Abril 1981

  • Re Smalley
    • House of Lords
    • 28 Febrero 1985

  • R v East Berkshire Health Authority, ex parte Walsh
    • Court of Appeal (Civil Division)
    • 14 Mayo 1984

    The remedy of judicial review is only available where an issue of "public law" is involved, but, as Lord Wilberforce pointed out in Davy v. Spelthorne B.C. (1984) 1 Appeal Cases 262, 276, the expressions "public law" and "private law" are recent immigrants and, whilst convenient for descriptive purposes, must be used with caution, since English law traditionally fastens not so much upon principles as upon remedies.

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Legislation
  • Criminal Justice Act 1948
    • UK Non-devolved
    • 1 de Enero de 1948
    ... ... appeal, case stated or application for certiorari ... (1) Without prejudice to the powers vested ... ...
  • Supreme Court (now known as Senior Courts) Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ... ... ) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of ... orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting ... 15, s. 17(A1) (as inserted by Judicial Review and Courts Act 2022 (c. 35), ss. 1(3)(a), 51(4); ... ...
  • Judicature (Northern Ireland) Act 1978
    • UK Non-devolved
    • 1 de Enero de 1978
    ... ... ; to provide for certain rules of law in judicial matters in Northern Ireland and to amend the law ... 18: Application for judicial review ... an order of certiorari; ... ...
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... a matter for judicial decision taking any ... or for permission to apply for judicial review) ... Certiorari or prohibition ... ...
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Books & Journal Articles
  • Retreating to the History of Judicial Review?
    • No. 47-2, June 2019
    • Federal Law Review
    • 0000
    Less than a decade ago, the High Court said, in effect, that State Supreme Courts have substantially the same entrenched jurisdiction to issue relief in the nature of the prerogative writs as the C...
    ... ...  federation). In an unrelated case, six High Court judges implied a limited privative clause ousting non-jurisdictional certiorari. The seventh judge said that this was unnecessary, because in his ... ...
  • The Scope of Section 75(V) of the Constitution: Why Injunction but no Certiorari?
    • No. 42-2, June 2014
    • Federal Law Review
    • 0000
    The course of judicial decisions given pre-federation in the United States and England where the remedy of certiorari or of injunction was granted or refused against public officers assists an unde...
    ... ... NO CERTIORARI? The Hon William Gummow AC* ABSTRACT The course of judicial decisions given pre-federation in the United States a nd England where the ... 242 Federal Law Review Volume 42 ... ...
  • Allocating Health Care Resources in an Imperfect World
    • No. 58-6, November 1995
    • The Modern Law Review
    ... ... judicial review. Certiorari was granted at first ... ...
  • NULLITY OF COMPANIES IN ENGLISH LAW
    • No. 48-6, November 1985
    • The Modern Law Review
    ... ... where the imposition of some judicial or administrative pre-constitutive control ... future, and is indeed currently under review. Art. 12(2) and (3). See for example ... proceedings by way of certiorari to cancel a registration which the ... ...
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Law Firm Commentaries
  • 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review
    • JD Supra United Kingdom
    Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cr...
    ... ... On June 26, 2017, the Court granted certiorari ... in Somers v. Digital Realty Trust Inc., in order to resolve a ... reversed the district court’s ruling that the reports were a “judicial document” ... subject to presumptive right of public access.229 ... ...
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