contained in the Foreign Compensation Act That Act set up the Respondent, the Foreign Compensation. Commission, to deal with compensation . Edwards v Bairstow [] AC The classic case on review of decisions Anisminic v Foreign Compensation Commission [] 2 AC (HL): The Foreign. ANISMINIC LTD v. FOREIGN COMPENSATION COMMISSION is an important House of Lords decision in the area of English administrative law.

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Its purported “determination,” not being a “determination” within the meaning of the empowering legislation, was accordingly a nullity.

Anisminic v Foreign Compensation Commission [] 2 AC | වංkaගිරිya

She was turned down; she lost in the forekgn, and in an appeal to another tribunal on a question of law; she won in the Court of Appeal but finally lost in the House of Lords. Category Index Outline Portal.

By a majority, the House of Lords decided that section 4 4 of the Foreign Compensation Act did not preclude the court from inquiring whether or not the order of the tribunal was a nullity, and accordingly it decided that the tribunal had misconstrued the legislation the term “successor in title”and that the determination by the defendant tribunal that the appellant did not qualify to be paid compensation was null, and that they were entitled to have a share of the compensation fund paid by the Egyptian government.

Administrative Law 3e Chapter 9: Once the criterion for a judgment has been properly understood, the compensatuon that it was formerly comensation of a range of possible criteria from which it was difficult to choose and on which opinions might legitimately differ becomes a matter of history. Thirdly, the appellant or his advisers must not been have been responsible for the mistake. A piece of subordinate legislation passed in under the Foreign Compensation Act Fill in your details below or anjsminic an icon to log in: By continuing to use this website, you agree to their use.

Even when such an exclusion is relatively clearly worded, the courts will hold that it does not preclude them from scrutinising the decision on an error of law and quashing it when such an error occurs.


Commisson Racal lost its claim for judicial review of an order of a High Court judge ordering inspection of its books for the purpose of investigating an allegation of a criminal offence. There are two main issues to be solved. A bus company sought judicial review on the ground that the Commission was investigating a merger that only affected a small part of the country see p for a map.

Notes on key cases Edwards v Bairstow [] AC Notify me of new comments via email.

Email required Address never made public. On the misinterpretation of this decision that has become the basis of the doctrine of review for error of law, see pp Sign in via your Institution.

This page was last edited on 1 Mayat The Inland Revenue assessed the profit as subject to tax; the General Commissioners held that the venture was not an adventure in the nature of trade.

Anisminic v Foreign Compensation Commission [1969] 2 AC 147

The tribunal, however, decided that the appellants were not eligible for compensation, because their “successors in title” TEDO did not have the British nationality as required under one of the provisions of the subordinate legislation. It is not clear what was meant by “subject to a special arrangement”. This was a so called “ouster clause”.

Views Read Edit View history. Publications Pages Publications Pages. First, there must have been a mistake as to an existing fact, including a mistake as to the availability of evidence on a particular matter. In such a case the court is entitled to substitute its own opinion for that of the person to whom the decision has been entrusted only if the decision is so aberrant that it cannot be classed as rational: Retrieved from ” https: Related Links Test yourself: But not just any error of fact will lead to unfairness.

All subjects Law Public Law Learn about: The Court of Appeal held that the new evidence should be admitted if it was relevant to an appeal on a question of law.

Sign in to annotate. Even if the tribunal had made an error of law, the House of Lords had to decide whether or not an appellate court had the jurisdiction to intervene in the tribunal’s decision. Any error of law that could be shown to have been made by them in the compennsation of reaching their decision on matters of fact or of administrative policy would result in their having asked themselves the wrong question with the result that the decision they reached fordign be a nullity.


The tribunal concluded that the persecution of Muslim Brotherhood members had ended; E wanted to introduce new evidence. Don’t have an account? By a majority It can be summarized the answers for above two concerns as below. Access to the complete content on Law Trove requires a subscription or purchase.

Search within this book The first was straightforward: By using this site, you comission to the Terms of Use and Privacy Policy. Appellants claimed that they were eligible for compensation under this subordinate legislation.

This case arises out of the making of an Order in Council: The classic case on review of decisions applying the law. But they had some hope or prospect of getting something after relations between the United Kingdom and the United Arab Republic returned to normal.

You are commenting using your Facebook account. That treaty provided for the return to British subjects of their sequestrated property excepting properties sold between 30th October and 2nd August Public Law provides a bridge between course textbooks and key case judgments. You are commenting using your WordPress. Judicial reviewOuster clauseError of law. For questions on access or troubleshooting, please check our FAQsand if you can’t find the answer there, please contact us.

It also establishes that any error of law by a public body will result in its decision being ultra vires. But this clear-cut approach cannot be applied to every case, for the criterion so established may itself be so imprecise that different decision-makers, each acting rationally, might reach differing conclusions when applying it to the facts of a given case.

They also submitted a separate claim in respect of damage done by the Israeli forces.

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