By Evarist Baimu Nyaga Mawalla - Home

egarded as being open to challenge on this ground, this would explain why theunusual course was taken, a change having been introduced by an amendmentto the Rules of the supreme court, of confirming the amendment a substantialperiod later by the 1981 Act. As a matter of construction it is difficult to treat theprovisions as to injunctions in Ord 53 and s 31 as not applying no ministers, butas doing so in the case of the other remedies. This difficulty is underlined in thecase of Northern Ireland since the interpretation section, s 118 (1) , of the 1978Act expressly provides that it should bind the Crown, but in a restricted manneras respects civil proceedings to which the Act of 1947 applies. It would thereforebind the Crown as to injunctions in non-civil proceedings, that are judicial review.Section 19 of that Act also gives the court a wide discretion to grant such interiorrelief as it considers appropriate. It would, therefore, seen to be difficult to saythat there is no power to grant interim injunctions against ministers in NorthernIreland.If this is the effect of the Northern Ireland legislation the position is likely to be thesame in England and Wales, though the position is different in Scotland. InFactortame no reference was made to the Northern Ireland Act.RSC Ord 53. r 3(10) deal with the grant of interim relief on application for judicialreview. It provides:Where leave to apply for judicial review is granted, then – (a) if the relief soughtis an order of a prohibition or certiorari and the court so directs, the grant shall593