Certiorari availablity for Error of Law
A party said he had been an officer of certain Commissioners, whose functions by statute came to an end, and was entitled to compensation. He applied for it to the district board. They rejected his claim. He appealed to the Metropolitan Board of Works who allowed it. In respect of their decision there was a ‘no certiorari’ clause. A rule was obtained to quash the order of the Metropolitan Board, and affidavits were filed in support of a contention that the person concerned had ceased to be an officer before the Act came into operation which ended the Commissioners’ functions. In showing cause against the rule it was submitted that the question whether the person was an officer was the very point that the Metropolitan Board had on appeal to decide. In support of the rule it was submitted that the facts were not disputed on the appeal and that the decision ‘was entirely on a mistake of law.’ To that submission Lord Campbell CJ replied: ‘Supposing it to be so the court of appeal were to decide both on law and fact.’ The Court held that the certiorari ought not to have been granted and the rule to quash the order of the metropolitan board was discharged. Lord Campbell CJ said that it was not a case in which the jurisdiction of the board depended on a preliminary point and that if they thought that the person was de jure an officer and entitled to compensation their order was not removable.
Lord Campbell CJ
[1857] EngR 897, (1857) 8 El and Bl 529, (1857) 120 ER 198
Commonlii
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: 09 September 2021; Ref: scu.290643
