“Court establishes landmark test for challenging unreasonable government decisions”
Wednesbury Corporation granted a cinema licence to Associated Provincial Picture Houses but imposed a condition that no children under 15 could be admitted on Sundays. The cinema company challenged this condition as unreasonable and beyond the corporation's powers.
Whether the courts could review the reasonableness of conditions imposed by a local authority when granting a cinema licence, and what standard should apply to such review.
The Court of Appeal held that the condition was within the corporation's powers and not unreasonable. The challenge failed.
This case created the foundational test for judicial review in administrative law, establishing the boundaries between judicial oversight and administrative discretion. The Wednesbury test remains central to UK administrative law today.
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OSCOLA Citation
Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 (CA)
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