Anisminic v Foreign Compensation Commission [1969] 2 AC 147

Introduction

Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 is a landmark case in UK administrative law concerning jurisdictional error and ouster clauses. The House of Lords held that any error of law by a tribunal or decision-maker renders the decision a nullity, collapsing the traditional distinction between jurisdictional and non-jurisdictional errors of law. The case also established that an ouster clause (purporting to exclude judicial review) does not protect a decision that is a nullity.

The Facts

Anisminic owned property in Egypt that was sequestrated and sold. The company applied to the Foreign Compensation Commission for compensation under an international agreement. The Commission made an error of law in interpreting the relevant Order, and Anisminic sought to have the decision quashed. The Foreign Compensation Act 1950 contained a clause providing that “the determination by the Commission of any application made to them under this Act shall not be called in question in any court of law.”

The Judgment

The House of Lords held that the Commission’s error of law was a jurisdictional error that rendered the decision a nullity. Since the decision was a nullity, it was not a “determination” protected by the ouster clause. The court held that any error of law by a tribunal goes to jurisdiction and makes the decision void.