Rex v Cheltenham Commissioners: QBD 1841

A statute provided that any decision of the Quarter Sessions as to the levying of certain rates was to be ‘final, binding, and conclusive to all intents and purposes whatsoever’, and that no order made in that connection ‘shall . . be removed or removable by certiorari, or any other writ or process whatsoever, . . ; any law or statute to the contrary thereof in anywise notwithstanding’. An application was made on the basis that one member of the tribunal was disqualified.
Held: Certiorari did lie. Lord Denman CJ said: ‘the clause which takes away the certiorari does not preclude our exercising a superintendence over the proceedings, so far as to see that what is done shall be in pursuance of the statute. The statute cannot affect our right and duty to see justice executed; and, here, I am clearly of opinion that justice has not been executed.’

Lord Denman CJ
(1841) 3 QBD 467, [1841] EngR 582, (1841) 1 QB 466, (1841) 113 ER 1211
Cited by:
CitedCart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
CitedEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .

Lists of cited by and citing cases may be incomplete.

Administrative, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.222198