ABSTRACT
This chapter discusses the key elements of judicial review namely: Supreme court act 1981; and civil procedure rules. Application can be made for more than one remedy and the court has the discretion to order any of the remedies in combination, or an alternative one to that actually applied for: section 31(4) of the Supreme Court Act 1981. Legal academics will sometimes describe the refusal by the courts of a remedy, even when a claimant has established that the action or decision of a public body has been unlawful, as an issue of 'judicial deference', or 'comity'. The applicants had no sufficient interest; in general a taxpayer did not have sufficient interest to challenge decisions made relating to other taxpayers' matters. Locus standi must be considered in two stages: it should be assessed at the leave stage but a court may revise its decision when reviewing the merits of the case.
