Anisminic Ltd v Foreign Compensation Commission

Facts

The Commission rejected a claim for compensation after misreading the order it had to apply. The statute said its determinations could not be called in question in any court.

Issue

Could the court review the decision despite the ouster clause?

Held

Yes. The error of law made the decision a nullity, and a nullity is not a determination protected by the clause.

Principle

Errors of law take a body outside its jurisdiction, and ouster clauses are read narrowly.

Why it matters

The foundation of modern review for error of law.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.