Anisminic Ltd v Foreign Compensation Commission
UK constitutional law case / From Wikipedia, the free encyclopedia
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Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 is a UK constitutional law case from the House of Lords in English administrative law. It established the "collateral fact doctrine", that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause (known as an ouster clause) does not deprive the courts from their jurisdiction in judicial review unless it expressly states this intention.
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Anisminic Ltd v Foreign Compensation Commission | |
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Court | House of Lords |
Decided | 17 December 1968 (1968-12-17) |
Citation(s) | [1969] 2 AC 147, [1969] 2 WLR 163 |
Transcript(s) | BAILII Transcript |
Court membership | |
Judge(s) sitting | Lord Reid, Lord Morris of Borth-y-Gest, Lord Pearce, Lord Wilberforce, Lord Pearson |
Keywords | |
Judicial review, Ouster clause, Error of law |
The case is seen as emblematic for and has fostered a wide case law on the possibility of a government to ultimately, in any case, foreclose the ability judicial review, and is mirrored in numerous cases in common law countries.