M v Home Office [1993]

Judge made ex parte injunction against Secretary of
State concerning return to country of asylum seeker who had been ordered to
leave.
Secretary of State refused on grounds that this was
mandatory interim injunction against an officer of the Crown and was therefore
made without jurisdiction.
House of Lords held that injunction was properly made.
Crown Proceedings Act 1947 did not prevent injunction
being granted in situation where it could have been granted prior to Act, as
here.
Supreme Court Act 1981 gave court jurisdiction on
applications for JR to grant injunctions against Ministers and other Crown
officers, although jurisdiction should only be exercised in limited circumstances.
Finding of contempt could not be made against Crown
directly, but such finding could be made against a government department or
Minister of the Crown in his official capacity.