chapter  3
If the court in Cantor had been prepared to utilise a public law remedy to enforce a private law restitution claim, would it logically follow that the court in Butler ought to have been prepared to use a private law remedy to support the public law debt claim? 4 Ought a court to have power to award damages or restitution in judicial review actions? ACTIONS IN REM
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This was an action in rem brought against a ship that was in an English port. The owners of the ship disputed the action on the ground that an in personam action against the owners had already been brought in another court on the same cause of action. The question arose as to whether the action in rem amounted to ‘proceedings…brought…on a cause of action in respect of which a judgment has been given’ and thus barred under s 34 of the Civil Jurisdiction and Judgments Act 1982. The House of Lords held that the action in rem was to be barred under the Act.