R v Electricity Commissioners
[1924] 1 King's Bench 17119241 min read
The case in brief30-second read
- Facts
- Statutory Electricity Commissioners were constituted to make schemes affecting rights of existing electricity undertakers. The commissioners were not a formal court but had statutory power to make binding decisions affecting rights.
- Issue
- Whether certiorari lies against a statutory body that is not a court but has the duty to act judicially?
- Held
- Certiorari lies against any body that has a duty to act judicially: to determine questions affecting rights in a binding manner. The commissioners were not a court but had a judicial duty. Certiorari extended to them.
- Principle
- Certiorari lies against any body with a legal duty to act judicially in a matter affecting rights of subjects; not limited to formal courts.
Facts
- Statutory Electricity Commissioners were constituted to make schemes affecting rights of existing electricity undertakers
- The commissioners were not a formal court but had statutory power to make binding decisions affecting rights
- A hearing was not given to affected parties
Issue
- Whether certiorari lies against a statutory body that is not a court but has the duty to act judicially?
Held
- Certiorari lies against any body that has a duty to act judicially: to determine questions affecting rights in a binding manner. The commissioners were not a court but had a judicial duty. Certiorari extended to them.
Ratio decidendi
The test for certiorari is not the formal label of the body but whether it has a legal duty to act judicially in a matter affecting rights. Any such body is subject to certiorari.
Exam use
How to use it in an answer
Foundation case for extension of certiorari beyond formal courts to quasi-judicial bodies in ADM-5.3.
Cite this
Citation
R v Electricity Commissioners [1924] 1 King's Bench 171Reported: [1924] 1 King's Bench 171. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.