What is the ratio in R v Panel on Takeovers ex p Datafin?

Bodies exercising functions of a public nature are amenable to judicial review regardless of whether they derive their authority from statute, contract, or other sources.

What did the court decide in R v Panel on Takeovers ex p Datafin?

The Court of Appeal held that the Takeover Panel was subject to judicial review because it performed public functions with governmental support, despite having no statutory basis.

Why is R v Panel on Takeovers ex p Datafin important for public law?

It revolutionized the scope of judicial review by establishing that function, not source of power, determines amenability to public law remedies in the modern regulatory state.

What is the ratio in R v Panel on Takeovers ex p Datafin?

Bodies exercising functions of a public nature are amenable to judicial review regardless of whether they derive their authority from statute, contract, or other sources.

What did the court decide in R v Panel on Takeovers ex p Datafin?

The Court of Appeal held that the Takeover Panel was subject to judicial review because it performed public functions with governmental support, despite having no statutory basis.

Why is R v Panel on Takeovers ex p Datafin important for public law?

It revolutionized the scope of judicial review by establishing that function, not source of power, determines amenability to public law remedies in the modern regulatory state.

Public Law1 min read

R v Panel on Takeovers ex p Datafin

[1987] QB 815Court of Appeal1987

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“Private bodies exercising public functions can face judicial review”

Facts

Datafin sought judicial review of a decision by the Panel on Takeovers and Mergers regarding a contested takeover bid. The Panel was a self-regulating body without statutory powers, deriving authority from the consent of financial institutions. The Panel argued it was not amenable to judicial review as it was not a public body.

Issues

Whether a self-regulating body without statutory authority could be subject to judicial review when exercising functions of a public nature.

Held

The Panel on Takeovers and Mergers was amenable to judicial review despite being a private body, because it exercised public law functions in regulating takeovers.

Significance

This case significantly expanded the scope of judicial review to cover non-statutory bodies exercising public functions, establishing the 'public function test' for amenability to judicial review.

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OSCOLA Citation

R v Panel on Takeovers and Mergers, ex p Datafin plc [1987] QB 815 (CA)

Administrative LawJudicial ReviewConstitutional Law

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