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Court Procedures Rules
3554Judicial review—relief previously granted by prerogative
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3554 Judicial review—relief previously granted by prerogative
writ etc
(1) If, before the commencement of these rules, the court had jurisdiction
to grant any relief by way of a writ of mandamus, prohibition or
certiorari, or on an information in the nature of quo warranto, the
court continues to have jurisdiction to grant the relief.
(2) However, the court may grant the relief only by making an order
under these rules in the nature of, and to the same effect as, the relief
that would have been available before the commencement of these
(3) For example, if—
(a) someone acts in an office in which the person is not entitled to
act; and
(b) an information in the nature of quo warranto would, but for
rule 3553 (2) (Judicial review—prerogative writs etc abolished),
lie against the person;
the court may—
(c) grant an injunction restraining the person from acting in the
office; and
(d) declare the office to be vacant.
Rule 3555