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prohibiting order


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A prerogative order, obtained by an application for judicial review, in which the High Court orders an inferior court, tribunal, or public authority not to carry out an * ultra vires act (for example, hearing a case that is outside its jurisdiction). It is available in cases in which, had the act been carried out, the remedy would have been a quashing order and it is governed by broadly similar rules. Formerly called a prohibition order, it was renamed in 1999 under Part 54 of the Civil Procedure Rules.

Subjects: Law.


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