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Wandsworth LBC v Winder (1985)

Last modified: Thu Feb 23 16:37:38 2006

[1985] AC 461. OReillyVMackman1983 established that public-law claims should be dealt with exclusively by JudicialReview proceedings, and private law actions by writ. However, in this case the defendant was allowed to use a public-law counter-claim that the claimant's actions were UltraVires. The claimant attempted to get the counter-claim struck out on the grounds that it was an abuse of process to use a public law issue to defend a private law claim. However, the House of Lords held that it was an ancient right for the defendant to choose the manner of his defence.

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