In this case, the Foreign Compensation Act 1950 provided that a determination made by the Foreign Compensation Commission (FCC) 'shall not be called into question in any court of law'. Anisminic Ltd. wished to challenge a determination of the FCC on the grounds that it had misconstrued the legal effect of the statutory framework under which it operated, and had therefore reached an illegal decision. The House of Lords held that the ouster clause did not prevent Anisminic from challenging the decision of the FCC.
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#jr #law #public
Question
Anisminic v Foreign Compensation Commission
Answer
?
Tags
#jr #law #public
Question
Anisminic v Foreign Compensation Commission
Answer
In this case, the Foreign Compensation Act 1950 provided that a determination made by the Foreign Compensation Commission (FCC) 'shall not be called into question in any court of law'. Anisminic Ltd. wished to challenge a determination of the FCC on the grounds that it had misconstrued the legal effect of the statutory framework under which it operated, and had therefore reached an illegal decision. The House of Lords held that the ouster clause did not prevent Anisminic from challenging the decision of the FCC.
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Parent (intermediate) annotation
Open it The leading case on Ouster Clauses is Anisminic v Foreign Compensation Commission [1969] 2 AC 137. In this case, the Foreign Compensation Act 1950 provided that a determination made by the Foreign Compensation Commission (FCC) 'shall not be called into question in any
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