Collateral fact doctrine

The collateral fact doctrine is a doctrine in English law asserted by Diplock LJ in Anisminic Ltd v Foreign Compensation Commission. It asserts that in judicial review cases a distinction can be made between misconstruction of an enabling statute for the kind of case meant to be dealt which is a jurisdictional error and a misconstruction of the statutory description of the situation which would be an error within jurisdiction.[1] Paul Craig has argued that this distinction is impossible to draw.[2]

See also

References

  1. ↑ "Judicial Review, Competence and the Rational Basis Theory" (PDF). Archived from the original (PDF) on 16 July 2011.
  2. ↑ Paul Craig (1999). Administrative Law (4 ed.). Sweet & Maxwell.


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