O'Reilly v Mackman
1982 · [1983] 2 AC 237
Posted By lanbuk.com
- Facts
- Prisoners challenged disciplinary decisions of a board of visitors by ordinary action instead of .
- Issue
- Could they proceed by ordinary action?
- Held
- No. It was an abuse of process to avoid the judicial review procedure.
- Principle
- Public law challenges should normally be brought by judicial review, with its safeguards for public bodies.
- Why it matters
- The rule of procedural exclusivity, later relaxed for mixed cases.
Words and Latin in this note
- Judicial review
- The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.