Re Racal Communications Ltd
An ouster clause can prevent appeals from a High Court judge's decision, because the Anisminic principle applies to inferior tribunals, not to the High Court.
Facts
The Director of Public Prosecutions applied to a High Court judge for an order under section 441 of the Companies Act 1948, allowing him to inspect the books of Racal Communications, on the basis that there was reasonable cause to believe that an offence had been committed. The section provided that the decision of the judge on the application shall not be appealable. The judge refused the application, and the Court of Appeal allowed an appeal, holding that the judge had made an error of law that took him outside his jurisdiction.
Legal principle
The House of Lords held that the Court of Appeal had no jurisdiction to hear the appeal. The Anisminic principle, under which errors of law by inferior tribunals and administrative bodies are treated as going to jurisdiction, does not apply to decisions of the High Court, which is a superior court of general jurisdiction. Lord Diplock said that the High Court judge was not exercising a jurisdiction conferred on an administrative body, and that the question of whether a judge of the High Court has made an error of law can be decided only by an appeal, which Parliament had excluded.
Related cases on judicial review: scope, standing and ouster clauses
- Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147
- O'Reilly v Mackman [1983] 2 AC 237
- R (Cart) v Upper Tribunal [2011] UKSC 28, [2012] 1 AC 663
- R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, [2020] AC 491
- R (Walton) v Scottish Ministers [2012] UKSC 44
- R v Disciplinary Committee of the Jockey Club, ex p Aga Khan [1993] 1 WLR 909
- R v Hull University Visitor, ex p Page [1993] AC 682
- R v Inland Revenue Commissioners, ex p National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617
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.
