⇒ ‘Jurisdiction’ refers to a legal power to decide something or make some determination which is of legal effect
⇒ Courts have jurisdiction in respect of certain types of claim e.g. the High Court has an inherent jurisdiction to hear claims for judicial review
⇒ But, ‘jurisdiction’ can also refer to the legal authority to decide where the decision maker is a public body. For example:
⇒ The concept of jurisdiction is really important in judicial review because the court will often be reviewing whether the public body has acted within its jurisdiction or out its jurisdiction
⇒ Before 1969, the court usually only interfere with a public body’s determination of an issue if the public body had exceeded its jurisdiction.
⇒ In the landmark decision of Anisminic, the court extended its ability to judicially review the decision making of public bodies by suggesting that ANY error of law made by a public body (including those within its jurisdiction) could be nullified in judicial review proceedings
⇒ An error of law by a public body may include:
⇒ So, Anisminic suggests that any of these errors of law may nullify a decision of a public body - even if these errors are made within the jurisdiction of the decision maker!
⇒ Pre-Anisminic the question for the court in judicial review cases was whether or not the public bodies’ decision was within their area/domain (i.e. whether it was within their jurisdiction)
⇒ Post-Anisminic the question for the court in judicial review cases was whether or not the public body had made their decision without an error of law
⇒ Anisminic enhanced the role of the Administrative Court to ultimately correct any error of law made by any public body (or at least this is how Anisminic was understood by the courts in the years that followed)
⇒ But there are exceptions to this general principle…
⇒ For example, see R v Hull University Visitor, ex parte Page 
⇒ Also see the case of R (Cart) v Upper Tribunal 
⇒ Not if the error is a jurisdictional error i.e. the public body acted outside their domain/area
⇒ But, they may be able to make an error of law if that error of law relates to a specific, localised jurisdiction and that error resides within the jurisdictional domain/area of the public body (this was the case in R v Hull University Visitor, ex parte Page )
⇒ The Upper Tribunal is entitled to make an error of law unless the error raises some important point of principle or practice, or unless there is some other compelling reasons for its decision to be judicially reviewed (R (Cart) v Upper Tribunal )
⇒ In law, a question of fact, also known as a point of fact, is a question that must be answered by reference to facts and evidence as well as inferences arising from those facts
⇒ So, in judicial review, as seen above, it is possible for the Administrative Court to correct errors of law
⇒ However, in general, it is not open to the Administrative Court to correct errors of fact in judicial review proceedings
⇒ See, for example, R v Hillingdon LBC, ex parte Puhlhofer 
⇒ Also see Ex parte South Yorkshire Transport  and Runa Begum v Tower Hamlets LBC  UKHL 5
⇒ Parliament has intended for questions of fact to be decided and determined by the public body and not anyone else
⇒ That public body is more likely to know (for example) the local housing conditions and the availability of housing stock
⇒ The public body’s determination of fact, therefore, provides for a degree of finality
FOOL-PROOF methods of obtaining top grades
SECRETS your professors won't tell you and your peers don't know
INSIDER TIPS and tricks so you can spend less time studying and land the perfect job
We work really hard to provide you with incredible law notes for free...
The proceeds of this eBook helps us to run the site and keep the service FREE!
⇒ What if the local authority makes an error of fact that is so fundamental that it goes to the very jurisdiction—the legal power and responsibility of the public body?
⇒ See for example R (A) v Croydon LBC 
⇒ How can we distinguish R (A) v Croydon LBC  from R v Hillingdon LBC, ex parte Puhlhofer 
⇒ Questions of law may be decided by public bodies with jurisdiction to so decide. Errors of law may be corrected by the Administrative Court, except in cases such as Page and Cart
⇒ Questions of fact are for the decision maker alone to determine, except where the question of fact relates to the very jurisdiction which is at stake - such as in R (A) v Croydon LBC
Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers.
✅ 60+ page eBook
✅ Research Methods, Success Secrets, Tips, Tricks, and more!
✅ Help keep Digestible Notes FREE