3558Judicial review—declaration or injunction

3558 Judicial review—declaration or injunction (1) A declaration or injunction (other than a prerogative injunction) may also be sought in an application for prerogative relief if appropriate, having regard to— (a) the nature of the matters in relation to which relief may be sought; and (b) the nature of the entities against whom relief may be sought; and (c) all the other circumstances of the case. (2) The court may make the declaration or grant the injunction sought instead of, or in addition to, the prerogative relief if it considers it appropriate, having regard to the matters mentioned in subrule (1). (3) However, if the court considers that— (a) the declaration or injunction mentioned in subrule (1) should not be granted in the application for prerogative relief; and (b) the relief may have been granted if it had been sought in a proceeding started by another originating process at the time of starting the application for prerogative relief; the court may, instead of refusing the application, order the proceeding to continue as if it had been started in the way mentioned in paragraph (b). Note For statutory orders of review, see the Judicial Review Act, s 8 (Effect of Act on other rights).