Anisminic Ltd v Foreign Compensation Commission

Anisminic Ltd v Foreign Compensation Commission
CourtHouse of Lords
Decided17 December 1968 (1968-12-17)
Citation[1969] 2 AC 147, [1969] 2 WLR 163
TranscriptBAILII Transcript
Court membership
Judges sittingLord Reid, Lord Morris of Borth-y-Gest, Lord Pearce, Lord Wilberforce, Lord Pearson
Keywords
Judicial review, Ouster clause, Error of law

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", which states 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 of their jurisdiction in judicial review unless it expressly states this intention.

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.


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