R v Panel on Take-overs and Mergers, ex parte Datafin plc
1986 · [1987] QB 815
Posted By lanbuk.com
- Facts
- The Panel, a self-regulating body with no statutory base, dismissed a complaint about a takeover bid.
- Issue
- Was the Panel subject to ?
- Held
- Yes, because it performed a public function backed by public consequences, though the court did not interfere on the facts.
- Principle
- Review depends on the nature of the function, not only on the source of the power.
- Why it matters
- Extends review to non-statutory bodies with public functions.
Words and Latin in this note
- Judicial review
- The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.