No Power to Grant Jurisdiction By Consent
An attempt was made by the parties to confer jurisdiction upon the Lands Tribunal.
Held: Constitutive jurisdiction cannot be created by agreement or estoppel. A statutory tribunal cannot be given jurisdiction by an earlier mistake, agreement, order or failure to take the point as to jurisdiction.
Lord Reid said: ‘It is a fundamental principle that no consent can confer on a court or tribunal with limited statutory jurisdiction any power to act beyond that jurisdiction, or can estop the consenting party from subsequently maintaining that such court or tribunal has acted without jurisdiction.’
Lord Reid, Lord Hodson
[1963] AC 808
England and Wales
Cited by:
Cited – Rydqvist v Secretary of State for Work and Pensions CA 24-Jun-2002
The applicant had applied to the tribunal with regard to his entitlement to job-seeker’s allowance, but withdrew his application before the hearing. The tribunal had nevertheless heard the case and held against him. He appealed that finding. The . .
Cited – Ahsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Leading Case
Updated: 02 November 2021; Ref: scu.182288
