Source · Select Committees · Human Rights (Joint Committee)
Recommendation 2
2
Paragraph: 30
Quashing orders with prospective-only effects pose a more significant risk of denying an effective remedy...
Conclusion
Quashing orders with prospective-only effects pose a more significant risk of denying an effective remedy to claimants and allowing decisions and measures to have legal effect despite being found to be unlawful. Imposing any requirement to use these new remedies, rather than simply allowing the courts to use them where they consider it just, increases the risk that they will be used in a way that denies an effective remedy and undermines the enforcement of human rights.
Paragraph Reference:
30