Jurisdiction(s):
United Kingdom

R (Majera) v SSHD: UK Supreme Court confirms defective tribunal orders bind until set aside, limits collateral challenges, and explains legal effect of unlawful administrative acts

Published on: 17 November 2021

Published by a LexisNexis Public Law expert

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Article summary

What are the practical implications of this case?

As regards the substantive law, this ruling offers a clear and authoritative account of the principles to apply where an order appears, on its face, to be legally defective. In this instance, the order did not comply with a statutory provision; nevertheless, being an order of the court, it demanded obedience. Parties to, and bodies affected by, such an order can now be advised with confidence, given the certainty derived from Lord Reed’s analysis. The judgment strongly underscores the rule of law and the orderly administration of justice. A legally flawed order is not without legal effect. The court highlights the vital importance of certainty and finality, observing that the contrary stance would create administrative disorder and could expose third parties to legal liabilities. The decision is pertinent to those litigating with or against government, and confirms there is no special capacity accorded to the executive arm of the state...

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