Attorney-General v Mersey Railway Co: HL 1906

The power to make by-laws encompasses not only a company’s principle activity, but also all incidental and ancillary activities. The incidental power cannot be used to expand the company’s activities, in this case by extending its business by operating its own buses from its terminus.
References: [1907] AC 415
Jurisdiction: England and Wales
This case is cited by:

  • Applied – Hazell v Hammersmith and Fulham London Borough Council HL 1991
    Swap deals outwith Council powers
    The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
    ([1992] 2 AC 1, [1991] 2 WLR 372, [1991] 1 All ER 545)
  • Cited – National Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
    NHS to make drug available
    The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .
    (, [2016] EWHC 2005 (Admin), CO/2979/2016, )

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.187652