Anisminic v Foreign Compensation Commission, [1969] 2 AC 147
Answer
A Ltd. was a company with assets in Egypt, which were nationalised after the Suez conflict of 1956. UK legislation allowed such companies to claim compensation from the Commission, subject to certain conditions. The Commission ruled that Anisminic failed to satisfy these conditions. The House of Lords, however, ruled that this was an error of law because the Commission had misunderstood the rules of the scheme that it was supposed to be implementing. Such an error meant that the decision had to be quashed.
Tags
#illegality #judicial-review #public
Question
Anisminic v Foreign Compensation Commission, [1969] 2 AC 147
Answer
?
Tags
#illegality #judicial-review #public
Question
Anisminic v Foreign Compensation Commission, [1969] 2 AC 147
Answer
A Ltd. was a company with assets in Egypt, which were nationalised after the Suez conflict of 1956. UK legislation allowed such companies to claim compensation from the Commission, subject to certain conditions. The Commission ruled that Anisminic failed to satisfy these conditions. The House of Lords, however, ruled that this was an error of law because the Commission had misunderstood the rules of the scheme that it was supposed to be implementing. Such an error meant that the decision had to be quashed.
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Open it span>In early judicial review cases in this area, an error of law was only reviewable if it involved a question of jurisdiction, i.e. in relation to a determination of whether a legal power arose in the first place. However, following Anisminic v Foreign Compensation Commission, [1969] 2 AC 147 such distinctions were removed. Anisminic Ltd. was a company with assets in Egypt, which were nationalised after the Suez conflict of 1956. UK legislation allowed such companies to cla
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