​KembaraXtra – Legal Terms – Prohibiting Order


A prohibiting order is a prerogative order issued by the High Court through judicial review proceedings to prevent an inferior court, tribunal, or public authority from acting beyond its lawful powers. The order is used to stop an authority from carrying out an ultra vires act before the unlawful action occurs. For example, the High Court may issue a prohibiting order where a tribunal attempts to hear a case outside its legal jurisdiction. The remedy forms part of the supervisory jurisdiction of the courts over public bodies. It is governed by Part 54 of the Civil Procedure Rules and was formerly known as a prohibition order before being renamed in 1999. The purpose of the order is preventative rather than corrective.


A prohibiting order is closely related to a quashing order. The main distinction is that a prohibiting order prevents unlawful action before it takes place, while a quashing order invalidates a decision already made. Applicants seeking such an order must normally demonstrate that the public authority is acting unlawfully, irrationally, or in breach of procedural fairness. The remedy is discretionary, meaning the court may refuse relief even where unlawfulness is established. Judicial review proceedings involving prohibiting orders play an important constitutional role by ensuring that public authorities remain within the limits of their legal powers.