The following Public Law Q&A Produced in partnership with Jamas Hodivala of Matrix Chambers provides comprehensive and up to date legal information covering:
A public body is not permitted to act beyond the scope of its powers and duties, which may be defined by reference to applicable legislation, whether domestic or European (including EU law and the European Convention on Human Rights). In other words, a public body is not entitled to act without jurisdiction, or fail to act when it is required to do so; such actions are considered to be illegal in a judicial review context.
An anachronistic distinction between jurisdictional and non-jurisdictional errors of law, which restricted the availability of judicial review in certain circumstances, was abolished by the House of Lords in Anisminic Ltd v Foreign Compensation Commission.
In Council of the Civil Service Unions v Minister for the Civil Service, at para  Lord Diplock stated:
‘By “illegality” as a ground for judicial review I mean that the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.’
It is impossible to detail all of the circumstances in which a decision will be ‘illegal’ (often alternatively referred to as ‘unlawful’) within the scope of this Q&A, however, some are:
A public body acts illegally when it wrongly concludes that it has power to act (R (Brittanic Asset Management Ltd) v Pensions Ombudsman). Secondary legislation governing the decision may
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.