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How to sue the government: judicial processes and judicial remedies
- Section 3 (obligation to read legislation and to give it effect in a way which is compatible with the Convention rights.)
- Section 4 (declarations of incompatibility)
- Section 6 (making conduct of a public authority ‘unlawful’ if contrary to a Convention right, unless statute requires it)
- Section 7 (proceedings by a victim)
- Section 8 (remedies)
- Schedule 1 (list of the Articles of the European Convention of Human Rights to which the Human Rights Act gives effect)
- Part 1 (overriding objective)
- Part 3 (case-management powers including striking out and extending or shortening the time for compliance with any rule)
- Part 24 (summary judgment)
- Part 25 (interim remedies – interim declarations Rule 25.1(1)(b))
- Part 40 (declaratory relief – Rule 40.20)
- Part 54 (judicial review, previously Rules of the Supreme Court Order 53)
- Defines a claim for judicial review
- Indicates the remedies available
- Outlines the need for permission
- Indicates the time limit
- Indicates procedures applying at the permission and substantive stages
- Provides for interim declarations
- Schedule 1: Rules of the Supreme Court (RSC) Order 54 (applications for writ of habeas corpus - not to be confused with Part 54, which governs all claims for judicial review other than a claim for a writ of habeas corpus).
Supreme Court Act 1981 (as amended by Civil Procedure [Modification of Supreme Court Act 1981] Order 2004, SI 2004/1033)
- The name of the Act was changed, by the Constitutional Reform Act 2005 Schedule 11, from ‘Supreme Court Act 1981’ to ‘Senior Courts Act 1981’
- Section 29 as amended by Article 3 of 2004 Order (provides that mandamus, prohibition and certiorari are to be known as mandatory order, prohibiting order and quashing order)
- Section 31 as amended by Article 4 of 2004 Order (claim for judicial review, amended to allow for ‘restitution or the recovery of a sum due’ in judicial review)
- Section 42 (process for the ‘restriction of vexatious legal proceedings’)
- Section 21 allows the court to give a declaration in an ordinary claim against the Crown
- Section 17 provides that in form, the claim is against the relevant department or the Attorney-General