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Paragraph 54.19 Court’s powers in respect of quashing orders

Original text. Later amendments are not shown.

(1)

This rule applies where the court makes a quashing order in respect of the decision to which the claim relates.

(2)

The court may—

(a)

remit the matter to the decision-maker; and

(b)

direct it to reconsider the matter and reach a decision in accordance with the judgment of the court.

(3)

Where the court considers that there is no purpose to be served in remitting the matter to the decision-maker it may, subject to any statutory provision, take the decision itself.

  • (Where a statutory power is given to a tribunal, person or other body it may be the case that the court cannot take the decision itself)