“Courts can review admin decisions despite ouster clauses if jurisdictional error found”
Anisminic Ltd sought compensation from the Foreign Compensation Commission for property sequestrated in Egypt. The Commission rejected the claim, allegedly because Anisminic had sold shares to a non-British national. The Foreign Compensation Act 1950 contained a clause stating the Commission's determinations 'shall not be called in question in any court of law'.
Whether an ouster clause can prevent judicial review when an administrative tribunal makes an error of law going to jurisdiction
The House of Lords held that the Commission's decision was a nullity due to jurisdictional error and could be reviewed despite the ouster clause
This case fundamentally strengthened judicial review by establishing that ouster clauses cannot protect jurisdictional errors, preserving the rule of law against administrative overreach. It remains a cornerstone of administrative law protecting against unreviewable government power.
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OSCOLA Citation
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL)
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