‘IRAL’s Missing Remedy: Compensation for Unlawfulness’

“The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders (which I considered here). It may be that the Realpolitik of this omission is too obvious to need extended discussion (given the notorious failure of the Law Commission’s project on public authority liability in the 2000s). Even so, IRAL missed a valuable opportunity to consider the question again …” (more)

[Jonathan Morgan, UKCLA, 12 October]

First posted 2021-10-13 08:00:57

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