The court would not order mandamus to enforce a civil claim by a third party against the Clerk to the Justices for return of moneys unlawfully paid and it should be cautious in supplying a remedy by way of judicial review where a claim by writ would be anything other than obvious and certain. It would issue a declaration that the payment was made in consequence of an unlawful order.
DC (Pill LJ, Garland J)
18/12/1997