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R v Panel on Take-Overs and Mergers, ex p Datafin [1987]

Facts

  • The Panel of Take-Overs and Mergers is private body which regulates the acquisition and mergers industry within the City of London; it cannot be ‘opted-out’ of.
  • Datafin made a complaint that one company had breached the Panel’s code of conduct
  • The panel refused to take action

Issue

  • Could a judicial review claim be made against a private body?

Decision

  • Yes, although the claim itself failed as there were no grounds upon which to quash the decision

Reasoning

  • Private bodies which effectively performed public law functions are amenable to judicial review
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