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The Civil Procedure (Modification of Supreme Court Act 1981) Order 2004
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- UK Statutory Instruments
- 2004 No. 1033
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
This Order amends the Supreme Court Act 1981, and in particular sections 29 and 31, to provide that the orders of mandamus, prohibition and certiorari are to be known instead as mandatory, prohibiting and quashing orders, not just in that Act but in any primary or secondary legislation extending to England and Wales.
Section 31(4) is amended to give the High Court, on an application for judicial review, the power to award restitution or the recovery of a sum due, in addition to the existing power to award damages.
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