Administrative lawCertiorariCourt of Appeal, England

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

  1. 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 171

Reported: [1924] 1 King's Bench 171. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.