Lord Denning spoke as to the power of a court to issue a declaration: ‘The remedy is not excluded by the fact that the determination of the board is by statute made ‘final’. Parliament gives the impress of finality to the decisions of the board only on the condition that they are reached in accordance with the law.’
A right to receive maintenance under an order of the court is not a legal thing in action and for that reason is incapable of assignment:
Judges:
Lord Denning
Citations:
[1957] 1 All ER 183, [1957] 2 WLR 193, [1956] P 470
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 28 July 2022; Ref: scu.222196