The compensation authority, after the renewal of a licence of a public-house had been refused, had to decide how compensation was to be divided amongst the persons interested in the licensed premises. The lessees of the premises had been held (by the High Court after a case stated) to be entitled to be treated as persons interested in the premises. There was a proviso in the lease that if the renewal of the licence was refused the lease should cease and determine. By reason of the refusal of renewal the lease came to an end seven years before what would have been its ordinary expiration. The lessees claimed to participate by reference to the loss they sustained in consequence of not having the lease for its full term. The compensation authority awarded them a sum which was so small that there were strong grounds for thinking that the authority had proceeded upon a wrong basis. Applications were made by the lessees for certiorari and mandamus.
Held: The request failed. Certiorari would not be granted because the order made was good on its face, and mandamus would not be granted because the authority had not declined jurisdiction and because, whether they were right or wrong in their decision upon any question of law arising on the construction of a proviso in the lease or on the facts, the court could not interfere by mandamus as there would at most be an erroneous decision on matters within their jurisdiction.
Channel J said: ‘If there was an error in deciding a point of law which came before them for their decision in the course of their duty, we cannot set it right.’
Channel J
(1912) 108 LT 374, (1912) 29 TLR 23
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.653279
