British Oxygen Co Ltd v Minister of Technology

Facts

The ministry had a policy of not giving grants for items costing less than £25. The company bought large numbers of gas cylinders costing about £20 each.

Issue

Was the policy an unlawful fetter on discretion?

Held

No. The ministry could have a policy, provided it was willing to listen to anyone with something new to say.

Principle

A body may adopt a policy but must not shut its ears to an application.

Why it matters

The leading case on fettering discretion.

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