Chapter

Legal Remedies Against the Crown and its Officers Before and After M

Tom Cornford

in The Nature of the Crown

Published in print June 1999 | ISBN: 9780198262732
Published online March 2012 | e-ISBN: 9780191682407 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262732.003.0009
Legal Remedies Against the Crown and its Officers Before and After M

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This chapter looks at judicial review of the Crown in Great Britain, focusing on the issues of the remedies available against the Crown and its officers and the extent to which there is any retention of immunity from the legal process in the light of the decision in the M v. Home Office case. It argues that there is no longer justification for the distinction between the situation when a member of the executive is exercising Crown powers and that when he or she is exercising powers conferred on them by virtue of their office. It explains that despite contrary indications in M v. Home Office, Crown officers remain amenable to all the remedies available in judicial review.

Keywords: judicial review; Crown officers; legal immunity; M; Home Office; Crown powers

Chapter.  17245 words. 

Subjects: Constitutional and Administrative Law

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