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At one time there was a black-out of any development of administrative law. The curtains were drawn across to prevent the light coming in. The remedy of certiorari was hedged about with all sorts of technical limitations. It did not give a remedy when inferior tribunals went wrong, but only when they went outside their jurisdiction altogether. The black-out started in 1841 with Reg. v. Bolton 1 Q.B. 66 and became darkest in 1922, Rex v. Nat Bell Liquors Ltd. 2 A.C. 128. It was not relieved until 1952, Rex v. Northumberland Compensation Appeal Tribunal, Ex parte Shaw 1 K.B. 338. Whilst the darkness still prevailed, we let in some light by means of a declaration. The most notable cases were Barnard v. National Dock Labour Board 2 Q.B. 18 and Anisminic Ltd. v. Foreign Compensation Commission 2 A.C. 147. I sat in the preliminary hearings of both of them. We allowed each of those cases to go forward. It was because otherwise persons would be without a remedy for an injustice: see Barnard v. National Dock Labour Board 2 Q.B. 18, 43 and the Anisminic case 2 A.C. 147, 231B-C In effect it was only by leave that the action for a declaration was allowed to proceed. (en) |
