INTRODUCTION
[8.01] This chapter considers the remedies that are available when an applicant has made out one or more of the grounds for judicial review.[1726] The remedies, for these purposes, are found in sections 18-25 of the Judicature (Northern Ireland) Act 1978 and RCJ Order 53, rules 1 and 7, as read with, where appropriate, the European Communities Act 1972 and the Human Rights Act 1998.
The starting point in respect of the remedies is that they do not enable the High Court to substitute its decision for that of the original decision maker (viz the �review, not appeal’ distinction;[1727] but see too [8.15]); and it is also well established that the remedies are discretionary and that the courts may refuse to grant relief for a wide range of reasons.[1728] At the same time, it is equally well established that cases under the European Communities Act 1972 and the Human Rights Act 1998 must be resolved in accordance with the remedies regimes of the CJEU and ECtHR, respectively,[1729] and that this can require amendment of pre-existing domestic principle and practice.[1730] Judicial review proceedings under the Human Rights Act 1998 must likewise have regard for the particular remedies contained within that Act, most notably its provision for �declarations of incompatibility’ in the event that primary and (more exceptionally) subordinate legislation cannot be read in a manner that is compatible with the ECHR.[1731][8.02] The chapter begins with a section that outlines the origins, and discretionary nature, of the remedies that are now found in the Judicature (Northern Ireland) Act 1978 and RCJ Order 53, rules 1 and 7. There then follow three sections that examine: (1) the specific remedies available under the Judicature (Northern Ireland) Act 1978 and RCJ Order 53; (2) the remedies requirements of EU law as have effect under the European Communities Act 1972; and (3) the remedies regime of the Human Rights Act 1998. The conclusion provides a summary of the key points made.