Facts
- Following the abandonment of military equipment in Egypt in 1965, the Foreign Compensation Act 1950 allowed recovery of compensation for items left abandoned
- Anisminic’s statutory claim for compensation failed
Issue
- Could a judicial review claim be made over the decision not to award compensation to Anisminic
Decision
- Yes
Reasoning
- Ouster clauses (like those in the Foreign Compensation Act 1950) are to be construed as narrowly as possible such that the claim was not barred
- An error of law had been made
