ABSTRACT
When Ord 53 was first formulated, it was thought that declaration and injunction would still be available against a decision of a public body by way of an ordinary action. In fact the Law Commission had recommended that the new application for judicial review (AJR) procedure should not be the only way in which issues relating to public bodies should come to court. They considered that, where alternative procedures existed, they should remain available. However, the wording of the Supreme Court Act 1981 differs slightly from that of Ord 53 and this gave rise initially to some confusion as to whether injunction and declaration could still be sought by ordinary action in situations in which there was a public law element to the case.
