xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Administrative Law Cases
Control of discretion Cases

Barnard v National Dock Labour Board [1953] 2 QB 18

Country:
United Kingdom
By Oxbridge Law Team
Denning LJ

  • Legislation gave local dock boards the power to sack dock workers (the board was comprised equal numbers of workers and employers).

  • The board tried to delegate their functions to the port manager and the fact that he had sacked Plaintiff wasn’t even brought to their attention until after the decision was made.

  • CA granted judicial review, saying that the board had no power to delegate its function. 

Denning LJ

While an administrative function can often be delegated, a judicial function rarely can be. No judicial tribunal can delegate its functions unless it is enabled to do so expressly or by necessary implication [from the statute].

  • He said that the board was in a judicial position between the workers and employers. 

Any comments or edits about this case?
Get in touch

Similar cases

R v Port of London Authority, Ex parte Kynoch Ltd
The London Port Authority manages wharf construction and licensing to ensure compliance with safety and operational standards. Applicants must meet specific regulatory requirements to obtain a licens...
Council of Civil Service Unions v Minister for civil Service
Civil servants at Government Communications Headquarters (GCHQ) were barred from joining unions by an order of the minister, exercised under the royal prerogative to sack or change the terms of emplo...
R v Civil Service Appeal Board, ex parte Cunningham
Plaintiff was dismissed from his job as a PE teacher at a detention centre. He was dismissed under legislation that stated that those who provide “police services” are not entitled to go to industria...
McGonnell v United Kingdom, ECtHR Judgment of 2000
Plaintiff claimed that it was a breach of his Article 6 (right to fair trial by independent judge) that the judge who decided his case, the Deputy Bailiff, also had executive and legislative roles as...
R v Panel on Take-overs & Mergers, ex parte Datafin
The Panel on Take-overs and Mergers was a self-regulating unincorporated association which devised and operated the City Code on Take-overs and Mergers prescribing a code of conduct to be observed in...

Related free notes samples

Institutions And Accountability ...
Administrative Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover al
Retention Of Discretion Problem...
Administrative Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover al

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.