O’Reilly v Mackman [1983]


  • A prisoner was charged with disciplinary offences while in prison
  • A claim was bought in private law asserting a public law right
  • At the time, solicitors advised bringing claims with private actions as they were far more likely to succeed than judicial review claims


  • Could a private law remedy be attained


  • No, claim failed


  • The exclusive principle: you cannot assert a public law right against a public body with a private law action; the judicial review process exists to ensure that public bodies are protected
RELATED CASE  R v North & East Devon Health Authority, ex p Coughlan [2003]

Posted in Public Law Revision Notes.

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