contained in the Foreign Compensation Act That Act set up the Respondent, the Foreign Compensation. Commission, to deal with compensation . Edwards v Bairstow  AC The classic case on review of decisions Anisminic v Foreign Compensation Commission  2 AC (HL): The Foreign. ANISMINIC LTD v. FOREIGN COMPENSATION COMMISSION is an important House of Lords decision in the area of English administrative law.
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Posted by Anjani Leelarathna at 7: The decision illustrates the courts’ reluctance to give effect to any legislative provision that attempts to exclude their jurisdiction in judicial review.
The claim which was dismissed was the main claim with which this case is concerned, and the claim which was held fit for registration was a claim in respect of the damage done by the Israeli forces.
Law Student: Administrative Law – Anisminic Ltd vs. Foreign Compensation Commission
She was turned down; she lost in the tribunal, and in an appeal to another tribunal on a question of law; she won in the Court of Appeal but finally lost in the House of Lords. Sinai Mining was the name of the Appellant company before its name was changed to Anisminic.
Notes on key cases Edwards v Bairstow  AC Once the criterion for a judgment has been properly understood, the fact that it was formerly part of a range of possible criteria from which it was difficult to choose and on which opinions might legitimately differ becomes a matter of history.
The appellant Anisminic was an English company which owned mining property in Egypt before The most the Appellants had was a hope forign they would receive some part of it.
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Their argument was simply that the Commission misinterpreted the criteria for compensation, yet the House of Lords issued the declaration. Any error of law that could be shown to have been made by them in the course of reaching their decision on matters of fact or of administrative policy would result in their having asked themselves the wrong question with the result that the decision they comppensation would be a nullity.
Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. And similarly with regard to damage done by the Israeli forces there might have been some payment made by the Israeli Government. A piece of subordinate legislation passed in under the Foreign Compensation Act Student resources Guidance on answering the pop quizzes Guidance on answering the critical questions Notes on key cases Notes on key legislation Links to other useful resources Updates Online glossary Lecturer resources Guide for teachers of administrative law Browse: This could have been a direct payment to them by the Egyptian Government: The company argued that the Commission had jurisdiction only if the area affected was a substantial part of the UK, com,ission that the court had to decide whether that was the case and impose it on the Commission in order to keep it within its jurisdiction.
The appellants then sold the mining properties to an Egyptian government-owned organisation called TEDO in The commisssion is such a case. Approaching the matter in this light I am quite satisfied that there is no ground for interference by the court, since the conclusion at which the commission arrived was well within the permissible field of judgment.
Oxford University Press | Online Resource Centre | Notes on key cases
You are commenting using your Facebook account. Sign in with your library card. You are commenting using your Twitter account. The tribunal concluded that the persecution of Muslim Brotherhood members had ended; E wanted to introduce new evidence.
It also establishes that any error of law by a public body will result in its decision being ultra vires. The Flreign of Lords overturned that decision. The classic case on review of decisions applying the law.
Chapter 9: Notes on key cases
They also submitted a separate claim in respect of damage done by the Israeli forces. The tribunal, however, decided that the appellants were not eligible for compensation, because their “successors in title” TEDO did not have the British nationality as required under one of the provisions of the subordinate legislation. If it makes such an error, it goes outside its jurisdiction and certiorari will lie to correct it. Notify me of new comments via email.
By a majority, the House of Lords decided that section 4 4 of the Vompensation Compensation Act did not preclude the court from inquiring whether or not the order of the tribunal was a nullity, and accordingly it decided that the tribunal had misconstrued the legislation the term “successor in title”and that the determination by the defendant tribunal that the appellant did not qualify to be paid compensation was null, and that they were entitled to have a share of the compensation fund paid by the Egyptian government.
Commjssion subjects Law Public Law Learn about: This case arises out of the making of an Order in Council: Judicial reviewOuster clauseError of law. By continuing to use this website, you agree to their use. Please subscribe or login to access full text content.
The second issue was more complex and had important implications for the law on judicial review. The ouster clause exempting the determination from legal review did not apply, as there was no valid determination in the first place. For questions on access or troubleshooting, please check our FAQsand if you can’t find the answer there, please contact us.
This page was last edited on 1 Mayat Their property was sequestered by Egyptian government as a result of the Sues Crisis. Related Links Test yourself: