Judicial review—relief previously granted by prerogative writ etc
3554 Judicial review—relief previously granted by prerogative writ etc
If, before the commencement of these rules, the court had jurisdiction to grant any relief by way of a writ of mandamus, prohibition or certiorari, or on an information in the nature of quo warranto, the court continues to have jurisdiction to grant the relief.
However, the court may grant the relief only by making an order under these rules in the nature of, and to the same effect as, the relief that would have been available before the commencement of these rules.
For example, if—
someone acts in an office in which the person is not entitled to act; and
an information in the nature of quo warranto would, but for rule 3553 (2) (Judicial review—prerogative writs etc abolished), lie against the person;
the court may—
grant an injunction restraining the person from acting in the office; and
declare the office to be vacant.
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