A Regulation brought in under the 1914 Act prohibited the bringing of possession proceedings against a munitions worker without the consent of the Minister. Held: The prohibition was unlawful. It was a grave invasion of the rights of the subjects and this could not be achieved by a departmental order. Avory J said: ‘In my … Continue reading Chester v Bateson: 1920
War – Statute – Defence of Realm – Internment – Naturalised British Subject Interned under Regulation 14B Made under the Defence of the Realm (Consolidation) Act 1914 (5 Geo. V, cap. 8), sec. 1 (1) – Validity of the Regulation. Judges: Lord Chancellor (Lord Finlay), Lords Dunedin, Atkinson, Shaw, and Wrenbury Citations: [1917] UKHL 662, … Continue reading Rex v Halliday – Ex Parte Zadig: HL 1 May 1917
The court was asked to consider the validity of regulation 2B of the Realm Regulations made under section 1 of the 1914 Act. Held: The presumption against a statute authorising the expropriation of a subject’s property without payment is even stronger in the context of delegated legislation. Absent a clear provision conferring power to make … Continue reading Newcastle Breweries Ltd v The King: 1921
The applicant was German born but a naturalised Englishman who complained of having been interned by a regulation made under the 1914 Act. He said that the regulation was ultra vires. Held: The appeal failed (Lord Shaw dissenting). The House upheld the regulation as being within the scope of the power given to the minister … Continue reading Rex (at the prosecution of Arthur Zadig) v Halliday: HL 1 May 1917
