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20. Application for judicial review

(1) An application to the Court of First Instance for one or more of the following forms of relief —
(a) a mandatory, prohibiting or quashing order;
(b) a declaration or injunction under subsection (2); or
(c) an injunction under section 18 restraining a person not entitled to do so from acting in an office to which that section applies,
shall be made in accordance with court procedure rules by a procedure to be known as an application for judicial review.
(2) A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the Court of First Instance considers that, having regard to —
(a) the nature of the matters in respect of which relief may be granted by mandatory, prohibiting or quashing orders;
(b) the nature of the persons and bodies against whom relief may be granted by such orders; and
(c) all the circumstances of the case,
it would be just and convenient for the declaration to be made or for the injunction to be granted, as the case may be.
(3) The Court of First Instance —
(a) must refuse to grant relief on an application for judicial review; and
(b) may not make an award under subsection (13) on such an application,
if it appears to the Court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.
(4) The Court may disregard the requirements in subsection (3) if it considers that it is appropriate to do so for reasons of exceptional public interest.
(5) If the Court grants relief or makes an award in reliance on subsection (4), the Court must certify that the condition in subsection (4) is satisfied.
(6) No application for judicial review shall be made unless the leave of the Court of First Instance has been obtained in accordance with court procedure rules, and the Court shall not grant leave to make such an application unless —
(a) it considers that the applicant has a sufficient interest in the matter to which the application relates; and
(b) the applicant has provided the Court with any information about the financing of the application that is specified in court procedure rules for the purposes of this paragraph.
(7) The information that may be specified for the purposes of subsection (6)(b) includes —
(a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application; and
(b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application.
(8) Court procedure rules made under subsection (6)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the court procedure rules has to be identified.
(9) When considering whether to grant leave to make an application for judicial review, the Court of First Instance —
(a) may of its own motion consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred; and
(b) must consider that question if the defendant asks it to do so.
(10) If, on considering that question, it appears to the Court of First Instance to be highly likely that the outcome for the applicant would not have been substantially different, the Court must refuse to grant leave.
(11) The Court may disregard the requirement in subsection (10) if it considers that it is appropriate to do so for reasons of exceptional public interest.
(12) If the Court grants leave in reliance on subsection (11), the Court must certify that the condition in subsection (11) is satisfied.
(13) On an application for judicial review the Court of First Instance may award to the applicant damages, restitution or the recovery of a sum due if —
(a) the application includes a claim for such an award arising from any matter to which the application relates; and
(b) the Court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application.
(14) If, on an application for judicial review, the Court of First Instance quashes the decision to which the application relates, it may in addition —
(a) remit the matter to the Court, tribunal, Global Market's Authority or the Board which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the Court of First Instance; or
(b) substitute its own decision for the decision in question.
(15) The power conferred by subsection (14)(b) is exercisable only if —
(a) the decision in question is made by a Court, tribunal, Global Market's Authority or the Board;
(b) the decision is quashed on the ground that there has been an error of law; and
(c) without the error, there would have been only one decision which the Court, tribunal, Global Market's Authority or the Board could have reached.
(16) Unless the Court of First Instance otherwise directs, a decision substituted by it under subsection (14)(b) has effect as if it were a decision of the relevant Court, tribunal or Global Market's Authority or of the Board.
(17) Where the Court of First Instance considers that there has been an undue delay in making an application for judicial review, the Court may refuse to grant —
(a) leave for the making of the application; or
(b) any relief sought on the application,
if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any other person or would be detrimental to good administration.
(18) Subsection (17) does not alter any ADGM enactment which has the effect of limiting the time within which an application for judicial review may be made.
(19) In this section "the conduct complained of", in relation to an application for judicial review, means the conduct (or alleged conduct) of the defendant that the applicant claims justifies the Court of First Instance granting relief.
(20) In this Chapter "tribunal", in relation to an application for judicial review, includes any Global Market's Authority decision-making body including, without limitation, committees and appeals panels.