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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Anisminic Ltd v Foreign Compensation Commission  2 AC , House of Lords – Law Trove
But they had some hope or prospect of getting something after relations between the United Kingdom and the United Arab Republic returned to normal. Sinai Mining was the name of the Appellant company before its name was changed to Anisminic.
Anisminic v Foreign Compensation Commission 
Please subscribe or login to access full text content. Administrative Law co,mission Chapter 9: Notes on key cases Edwards v Bairstow  AC If the facts of any particular case are fairly capable of being so described, it seems to me that it necessarily follows that the determination fkreign the Commissioners, Special or General, to the effect that a trade does or does not exist is not “erroneous in point of law”; and, if a determination cannot be shown to be erroneous in point of law, the statute does not admit of its being upset by the Court on appeal.
The Inland Revenue assessed the profit as subject to tax; the General Commissioners held that the venture was not an adventure in the nature of trade. Notify me of new comments via email.
A bus company sought judicial review on the ground that the Commission was investigating a merger that only affected a small part of the country see p for a map. Thirdly, the appellant or his advisers must not coreign have been responsible for the mistake. The present is such a case.
Sign in via your Institution. Find a textbook Find your local rep. Their argument was simply that the Commission misinterpreted the criteria for compensation, yet the House of Lords issued the declaration.
The judges held as follows concerning unfairness:.
Chapter 9: Notes on key cases
So far, no room for controversy. There were two important issues on the appeal to the Court of Appeal and later, the House of Lords. E sought asylum in Britain, claiming that he would be tortured if he were returned to Egypt, because he was a supporter of the Muslim Brotherhood.
Section 4 4 of the Foreign Compensation Act stated that: The first was straightforward: Leave a Reply Cancel reply Enter your comment here For questions on access or troubleshooting, please check our FAQsand if you can’t find the answer there, please contact us. It also establishes that any error of law by a public body will result in its decision being ultra vires.
In such a case the court is entitled to substitute its own opinion for that of the person to whom the decision has been entrusted only if the decision is so aberrant that it cannot be classed as rational: That treaty provided for the return to British subjects of their sequestrated property excepting properties sold between 30th October and 2nd August The House of Lords held that when a statute gives a decision-making power to a High Court judge, there is no presumption that Parliament did not intend to confer power to decide a question of law.
By continuing to use this website, you agree to their use. The judges held as follows concerning unfairness: By a majority It can be summarized the answers for above two concerns as below. To find out more, including how to control cookies, see here: The classic case on review of decisions applying the law.
On the misinterpretation of this decision that has become the basis of the doctrine of review for error of law, see pp Category Index Outline Portal.
Once the criterion for commmission judgment has been properly understood, the fact that it was formerly foreiggn 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.
These orders were made under powers contained in the Foreign Compensation Act She was turned down; she lost in the tribunal, and in an appeal to another tribunal on a question of law; she aanisminic in the Court of Appeal but finally lost in the House of Lords.
If it makes such an error, it goes outside its jurisdiction and certiorari will lie to correct it. The appellant Anisminic was an English company which owned mining property in Egypt before The next material event was the making of a treaty between the Governments of the United Kingdom and the United Arab Republic on 28th February anisminnic Their property was sequestered by Egyptian government as a result of the Sues Crisis.
The decision illustrates the courts’ reluctance to give effect to any legislative provision that attempts to exclude their jurisdiction in judicial review. Public Law provides a bridge between course textbooks and key case judgments.