JUDICIAL REVIEW - DETAILS OF REMEDY BEING SOUGHT

HOME   INDEX   ENFORCEMENT   ENVIRONMENT  DEMOLITION   COSTS   GOODACRE   LAW    MONITOR   NEWS   RIGHTS  SANCTUM   WHISTLEBLOWING

 

Claimant:   ANYONE

In the High Court of Justice                                                                                   Claim No.  (HQ_______)

Queens Bench Division

Administrative Court

 

Claimant                                                                  THE QUEEN    on the application of ANYONE

 

                                                                                        and

 

Defendant                                                            YOUR COUNCIL

 

 

DETAILS OF REMEDY BEING SOUGHT

1.             A declaration or order quashing the Defendants extant enforcement notice.

2.             A declaration that the Defendant failed to use it position of authority such as to protect the said historic building.

3.             A declaration or declarations that the Defendant by itís acts and omissions failed to uphold the rights of the Claimant as defined under Articles 6, 8, 14 and Part III The First Protocol, Article 1 of the Human Rights Act 1998.

4.             A declaration that the Defendant acted in an oppressive and unconstitutional manner toward the Claimant.

5.             An injunction restraining the Defendant by itself its servants or agents or otherwise howsoever from breaching the said Rights of the Claimant in such manner as to cause an interference in his home, family and private life, or peaceful enjoyment of possessions, or such as to discriminate against or obstruct him.

6.             General and or special damages pursuant to Section 8 (1) (2) (3) and (4) Human Rights Act 1998 such as to afford just satisfaction as the Court may think fit.

7.             Interest pursuant to Section 35A Supreme Courts Act 1981 on the sums found to be due to him at such rate and for such period as the Court may think fit.

8.             Costs in relation to pursuing the above matters, the quantum or scale of which to be decided by the Court.

9.             Any other order the Court deems appropriate in the circumstances to secure for the Claimant, justice under any provision, principle or rule of law.

 


 

 

If you wish to apply to the High Court for a Judicial Review, you will need to leave to apply on Form N461  You will also need to supply separately a:-

 

"Detailed Statement of Grounds" =  The statute, common law, government guidance or precedent not 

                                                    taken into account by your local authority

 

"Detailed Statement of Facts"     =   Your story - the events as they occurred to cause the injustice

 

"Details of Remedy"                   =   What you want the Court to do to put things right, an order 

                                                    quashing a decision, compensation, etc.

 

"Evidence you rely on"               =   Sufficient documents or other exhibits to show the Judge you have 

                                                    documentary support to qualify your application - as a numbered 

                                                    bundle.

 

THE LINKS TO THE ABOVE DOCUMENTS ARE GIVEN BY WAY OF EXAMPLE - BUT WERE PREPARED BY A LITIGANT IN PERSON, WITH NO PREVIOUS EXPERIENCE IN MAKING SUCH APPLICATIONS

 

Notes for guidance                            N461 Guidance Notes

Witness Summons                             N20 Witness Summons 

Application for Urgent Consideration     N463 URGENT Consideration

 

The Fee to make an application for leave is £30.  A further fee of £100 is payable as and when your application for leave to apply is granted.  It costs £30 to ask the Court to issue a Witness Summons.

 

THANKS: Lastly, I would again like to say to the growing number of affected members of the public who telephone or email me, that I am so very pleased if anything we have published can be used to further just decision making in this great country of ours.  We just want to keep it great.  The encouragement is mutual! 

 

Links:  MAKING YOUR APPLICATION: COURT INFORMATION