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Words: | Submitted: Fri Jan 28 2005
... sought by members of the public to hold the public bodies accountable. This means that the general public can take a public body to court and apply for a judicial review of its actions to hold the body accountable of its actions, and measures can be taken if the body has acted outside its jurisdiction. If found acting without legality, there are three options available for the courts, compensation, injunction or a mandate. However, this is not to assume that if there is illegality in public law that there is automatically an illegality in private law. In the case of X v Bedfordshire County Council1 The courts have to 'second guess' what policy decisions are to be followed to decide if the Ultra Vires would be compensated under private law. However, this leads onto further problems such as the requirement of proof, reasonableness and carelessness or negligence. When holding a ...
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