The court considered a challenge to the appropriation of a colliery. The minister was given power under the 1939 Regulations: ‘if it appeared to him that in the interests of the public safety, the defence of the Realm, or the efficient prosecution of the war it was necessary to take control ‘ of property.
Held: The argument was rejected. There was no jurisdiction to interfere with the exercise of an executive power within his delegated authority.
Lord Greene MR said: ‘It is a settled principle, in dealing with documents of this kind, that the rule of omnia rite esse acta is to be applied, and, therefore, when it is stated by the Ministry in the proper way that it appears to the Minister of Fuel and Power that certain things are so, it is to be taken that that is an accurate statement unless and until the contrary is proved.’ and ‘If one thing is settled beyond the possibility of dispute, it is that, in construing regulations of this character expressed in this particular form of language, it is for the competent authority . . to decide as to whether or not a case for the exercise authority to judge of the adequacy of the evidence before it. It is for the competent authority to judge whether or not it is desirable or necessary to make further investigations before taking action. It is for the competent authority to decide whether the situation requires an immediate step, or whether some delay may be allowed for further investigation and perhaps negotiation . . One thing is certain and that is that those matters are not within the competence of this Court. It is the competent authority that is selected to come to the decision. and, if that decision is come to in good faith, this Court has no power to interfere provided, of course, that the action is one within the four corners of the authority . .’
Judges:
Lord Greene MR
Citations:
[1943] 2 All ER 546
Statutes:
Defence (General) Regulations 1939
Constitutional
Updated: 04 May 2022; Ref: scu.546906
