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. Paul Craig has argued that this distinction is impossible to draw.

See also Judicial review in English Law

References