R v Electricity Commissioners

[1924] 1 King's Bench 171Court of Appeal, England1924Administrative Law

Rule established

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

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.

How to use it in an exam

Foundation case for extension of certiorari beyond formal courts to quasi-judicial bodies in ADM-5.3.

Source

Source: [1924] 1 King's Bench 171

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Administrative LawWrits Certiorari and ProhibitionExtended certiorari to quasi-judicial bodies; test is duty to act judicially not court status