Public Law
What Is an Order of Mandamus?
The conditions and limits of the prerogative order compelling a public officer or authority to perform a legal duty.
An order to perform a legal duty
Mandamus is a prerogative order directing a public authority, court or official to perform a specific public duty imposed by law that has been refused or neglected. It creates no new power; it enforces an existing legal duty.
Principal conditions
- A clear legal right in the applicant
- A clear and mandatory legal duty on the respondent
- A proper prior demand for performance
- An express refusal or unreasonable delay
- No adequate alternative remedy producing the same result
Effect on discretion
Mandamus may require an authority to make the assessment the law requires, but ordinarily cannot dictate how a lawful discretion must be exercised. It is unavailable where the act is wholly optional or the applicant has no definite right.
Exceptional and discretionary
The order is not automatic. Delay, good faith, the applicant’s conduct and alternative remedies are considered. Keep the demand letter and proof of delivery.
Sources
Relevant legislation and official sources
Courts Law — Legislation DatabaseTRNC Supreme Court Judgment SearchThis publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.