Associated Provincial Picture Houses Ltd v Wednesbury Corporation

JurisdictionEngland & Wales
CourtCourt of Appeal
Judgment Date1947
Date1947
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4008 cases
  • Eircom Ltd v Commission for Communications Regulation
    • Ireland
    • High Court
    • 29 July 2005
    ...NETWORKS & SERVICES) (ACCESS) REGS 2003 SI 305/2003 ART 6(1) ASSOCIATED PROVINCIAL PICTURE HOUSES LTD v WEDNESBURY CORPORATION 1948 1 KB 223 KEEGAN, STATE v STARDUST VICTIMS COMPENSATION TRIBUNAL 1986 IR 642 KIBERD & CAREY v HAMILTON 1992 2 IR 257 1992 ILRM 574 O'KEEFFE v BORD PLEANALA ......
  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • United Kingdom
    • House of Lords
    • 21 March 2007
    ...532, paras 26-28, Lord Steyn pointed out that neither the traditional approach to judicial review formulated in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 nor the heightened scrutiny approach adopted in R v Ministry of Defence, Ex p Smith [1996] QB 5......
  • M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
    • United Kingdom
    • House of Lords
    • 29 June 1995
    ...a decision into the question of liability at common law for negligence. In public law a decision can be ultra vires for reasons other than Wednesbury unreasonableness ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223) (e.g. breach of the rules of natur......
  • Barrett v Enfield London Borough Council
    • United Kingdom
    • House of Lords
    • 17 June 1999
    ...v Merton London BC [1978] AC 728, [1977] 2 All ER 492, [1977] 2 WLR 1024, HL. Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223, [1947] 2 All ER 680, CA. Bolam v Friern Hospital Management Committee [1957] 2 All ER 118, [1957] 1 WLR 582. Caparo Industries plc v Dick......
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20 firm's commentaries
  • Court Of Appeal Just Another Stop On The Road For QASA
    • United Kingdom
    • Mondaq UK
    • 15 December 2014
    ...submitted that instead of the Wednesbury standard of review (Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] 2 All ER 680), the Divisional Court should have applied the more demanding standard of proportionality, because of QASA's potential to infringe upon fundamen......
  • Implied terms in contracts of employment – Good Faith, Reasonableness
    • Australia
    • Mondaq Australia
    • 18 May 2018
    ...had to "at least" respect the "public law" principle established by Associated Provincial Pictures Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 – namely that no conclusion can stand when it is "so unreasonable that no reasonable decision maker would ever have come to it". His Honour'......
  • Award for future economic loss where no loss is presently suffered
    • Australia
    • Mondaq Australia
    • 6 October 2011
    ...240; Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 3 Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July The content of this article is intended to p......
  • The UK’s Expanded Senior Managers and Certification Regime: Key Issues and Action Plan for Brokers, Advisers and Asset Managers
    • United Kingdom
    • JD Supra United Kingdom
    • 9 July 2019
    ...the FCA may have regard to the principle established in Associated Provincial Picture Houses Ltd v Wednesbury Corporation ((1948) 1KB 223), which establishes that a decision will be reasonable provided that it is not so unreasonable that no reasonable person acting reasonably could have com......
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61 books & journal articles
  • Judicial Review of Migration Decisions: Life after S157
    • United Kingdom
    • Federal Law Review Nbr. 33-1, March 2005
    • 1 March 2005
    ...[2004] FCAFC 286, [18] 88 After the judgment of Lord Greene MR in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, 229–30. 89 S20 (2003) 198 ALR 59, 76 [73]–[74] (McHugh and Gummow JJ), 90 [142] (Kirby J). Gleeson CJ and Callinan J did not address this ques......
  • The impact of Schedule 7 of the Counter‐Terrorism Act 2008 on banks and their customers
    • United Kingdom
    • Journal of Money Laundering Control Nbr. 13-4, October 2010
    • 12 October 2010
    ...20.69. [2010] EWHC 1332 (QB) para. 11.70. [2010] EWHC 1332 (QB) para. 12.71. Associated Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223, 233-234. This testallowed the courts to intervene where the decision was intra vires (i.e. within the powergranted by Parliament) but so unre......
  • Any Excuse for Certainty: English Perspectives on the Defence of ‘Reasonable Excuse’
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 74-5, October 2010
    • 1 October 2010
    ...Section 5 of the Public Order Act’ [2004] PL 853. 59 Ibid. at 866.60 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] 2 All ER 680, CA codified the principle that where a decision is so out of the realms of normaldecision-making that no reasonable authority could hav......
  • Minister for Immigration and Multicultural Affairs V Yusuf:1 One Door Closed, Another Opened?
    • United Kingdom
    • Federal Law Review Nbr. 29-3, September 2001
    • 1 September 2001
    ...amounts to an excess of jurisdiction.')141 (1999) 197 CLR 611.142 See Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223. Theterm is used to decide a decision that is so unreasonable that no reasonable decision-makercould have reached it.143 Eshetu (1999) 197 ......
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1 forms
  • Chapter CH175230
    • United Kingdom
    • Formularios de Derecho Civil, Mercantil y Registral HMRC Guidance manuals
    • Invalid date
    ...is an application of the well known test set by the House of Lords in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223. This is not quite the end of the matter, however, since the FTT may have regard not only to whether the decision of HMRC was reasonable in......

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