- Cited — Arkin v Marshall 2020-05-11
“…more fundamentally, because it should have been advanced by way of judicial review. As to the latter point, he referred, unsurprisingly, to O’Reilly v. Mackman [1983] 2 AC 237. The challenge was to very recent legislation of considerable public importance. If it were to be challenged, that both could and should have been done head-on…”
- Applied — Beadle v HM Revenue and Customs 2020-04-29
“…he underlying PPN in the penalty appeal proceedings with which this court is concerned. This depends on whether the general rule (derived in O’Reilly v Mackman [1983] 2 AC 237 at 285) that it is an abuse of the process of the court to permit a person to challenge a public law decision by means other than judicial review, applies here…”
- Cited — The Secretary of State for Transport v Arriva Rail East Midlands Ltd ("Arriva") 2019-12-18
“…The starting point is O’Reilly v Mackman [1983] 2 AC 237. In that case, four prisoners sought to bring private law claims against the board of visitors of Hull Prison rather than pursue what was described as their “o…”
- Cited — Knibbs & Ors v Revenue And Customs 2019-10-17
“…many cases since O’Reilly v Mackman [1983] 2 AC 237 in which the circumstances in which a claimant may raise public law issues in ordinary civil proceedings, rather than by way of judicial review, have been cons…”
- Cited — Davies v Hertfordshire County Council 2018-03-06
“…It is not necessary, for the purposes of this appeal, to examine the line of authority starting with O’Reilly v Mackman [1983] 2 AC 237, where the courts explored the relationship between the relatively new procedure, as it was then in RSC Order 53, and ordinary actions. The underlying concern,…”