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O'Reilly v Mackman (1983)
Created by 121.1.18.237 on 3 November 2009, at 10:43
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[1983] 2 AC 237 (HL). A convict's action by writ against a prison parole board was struck out as being an abuse of process. Lord Diplock held that Judicial Review proceedings were the only appropriate way to begin an action to test public law rights. Many authorities believe that this is one of the worst decisions the House ever made. It flies squarely in the face of the traditional Diceyan view that the same law should apply to the individual and the state, and creates unwelcome complexities for litigants. Moreover, later attempts to wriggle out of its scope, e.g., (Roy v kensington and chelsea and westminster fpc (1992)) have led to considerable confusion about the correct procedure to be followed when cases involve both public law and private law issues.
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