Explanatory note

give effect to the main recommendations in the Law Commission's Report on Remedies in Administrative Law (Cmnd. 6407) by introducing a new form of procedure, to be known as an “application for judicial review”, whereby a person seeking to challenge an administrative act or omission may obtain from the High Court one of the prerogative orders or a declaration, injunction and damages, as may be appropriate ( Rule 5);

provide (following the amendment of section 63(1) of the Supreme Court of Judicature (Consolidation) Act 1925 by section 9 of the Administration of Justice Act 1977) for every appeal to the High Court from an inferior tribunal, and every case stated by such a tribunal, to be heard by a single judge of the Queen's Bench Division instead of a Divisional Court, except where the decision of the High Court is final or it is otherwise expressly provided (Rules 6, 7 and 12);

enable the High Court to order a party to make interim payments in an action for recovery of land ( Rule 4);

provide for proceedings purporting to have been commenced against a person who has died to be treated (following the amendment of section 2 of the Proceedings against Estates Act 1970 by section 27 of the Administration of Justice Act 1977) as having been commenced against his estate even if a grant of probate or administration was made before their commencement (Rule 3);

enable an application for a stay of proceedings under section 1(1) of the Arbitration Act 1975 to be made to a judge in chambers, a master, or the Admiralty Registrar ( Rule 10(1));

make minor changes in the rules relating to the reciprocal enforcement of judgments ( Rules 8 and 9(2)), the evidence in mortgage actions (Rule 10) and Revenue proceedings (Rule 11).