Examples of the grant of quashing orders and prohibiting orders.
Quashing orders (formerly known as orders of certiorari) are frequently made when applications for judicial review are successful.
By way of example, orders of certiorari have been made against a department of state, an individual minister who made an invalid clearance order or an order to take over a school for wrong reasons or in breach of natural justice.
Or an order wrongly not to hold a public inquiry, a local authority that wrongfully granted a licence or planning permission, licensing justices, a valuation officer who made a rating list on wrong principles, an immigration officer who refused leave to enter on wrong grounds, the Gaming Board for refusal of a certificate of consent for a gaming club without a fair hearing, the Police Complaints Board, an election court, a local legal aid committee, rent tribunals, a rent assessment committee, a medical appeal tribunal, a vaccine damage tribunal, a dairy produce quotas tribunal, the Milk Marketing Board, the Health and Safety Commission, a prison board of visitors, a prison governor in respect of a disciplinary award, the Commission for Racial Equality, the Registrar of Companies in respect of the registration of a charge, and mental health commissioners.
Prohibiting orders (formerly known as orders of prohibition) are also frequently made on applications for judicial review. By way of example, orders of prohibition have been made against Electricity Commissioners to prevent them from holding an inquiry with a view to bringing into force an ultra vires scheme for the supply of electricity, magistrates to prevent them from exceeding their jurisdiction, a prison board of visitors to prevent them from hearing a charge which they are not entitled to deal with, a local authority to prohibit it from acting on a resolution with regard to the number of taxi licences to be issued without first hearing representations on behalf of interested parties, or licensing indecent films, a minister making an invalid clearance order, a rent tribunal to prevent it from proceeding with a case outside its jurisdiction, a housing authority to prevent it from requiring the demolition of a house which was improperly condemned, Income Tax Commissioners, the Comptroller-General of Patents, Designs and Trade Marks, and a chief medical officer who was likely to be biased.
Declaratory judgments rather than the prerogative remedies appear to be regarded as appropriate for challenging delegated legislation.
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