Anisminic v Foreign Compensation Commission [1969]

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
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Posted in Public Law Revision Notes.

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