Padfield v Minister of Agriculture, Fisheries and Food
A minister's statutory discretion must be used to promote the policy and objects of the Act, not to frustrate them.
Facts
Under the Agricultural Marketing Act 1958, the Milk Marketing Board fixed the prices paid to dairy farmers in different regions of England and Wales. Farmers in the south east region complained that the price differentials were unfair to them, because they did not reflect the lower cost of transporting milk from the south east to London. The Act allowed the minister to refer complaints to a committee of investigation if he thought fit. The minister refused to refer the complaint, saying among other things that if the committee upheld it, he would be expected to act on its report, which could cause political embarrassment.
Legal principle
The House of Lords held that the minister's refusal was unlawful. Although the Act gave him a discretion, Parliament must have conferred it with the intention that it should be used to promote the policy and objects of the Act, which were to be determined by the courts by construing the Act as a whole. A minister who uses his discretion so as to thwart or run counter to the policy and objects of the Act acts unlawfully. Fear of political embarrassment was not a proper reason for refusing to refer a genuine complaint. The court also said that a failure to give reasons may lead the court to infer that the minister had no good reasons.
Related cases on judicial review: illegality
- Attorney General v Fulham Corp [1921] 1 Ch 440
- Barnard v National Dock Labour Board [1953] 2 QB 18
- British Oxygen Co Ltd v Minister of Technology [1971] AC 610
- Bromley London Borough Council v Greater London Council [1983] 1 AC 768
- Congreve v Home Office [1976] QB 629
- Lavender & Son Ltd v Minister of Housing and Local Government [1970] 1 WLR 1231
- R (A) v Secretary of State for the Home Department [2021] UKSC 37, [2021] 1 WLR 3931
- R (Rights of Women) v Lord Chancellor [2016] EWCA Civ 91, [2016] 1 WLR 2543
Studying public law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
