Laker Airways Ltd v Department of Trade [1977] 2 All ER 182, EWCA
Citation:Laker Airways Ltd v Department of Trade [1977] 2 All ER 182, EWCA
Rule of thumb:How do you argue that a Minister/civil servant has violated your human rights? Generally speaking, it is a serious matter for the Courts to declare a human rights violation, so they will need to see very clear evidence before they are prepared to uphold this.
Judgment:
‘We have considered this case at some length because of its constitutional importance. It is a serious matter for the courts to declare that a Minister of the Crown has exceeded his powers. So serious that we think hard before doing it. But there comes a point when it has to be done. These courts have the authority, and I would add the duty, in a proper case, when called on to inquire into the exercise of a discretionary power by a Minister or his department. If it found that the power has been exercised improperly or mistakenly so as to impinge unjustly on the legitimate rights or interests of the subject, then these courts must so declare. They stand, as ever, between the executive and the subject, alert, as Lord Atkin said in a famous passage, 'alert to see that any coercive action is justified in law': see Liversidge v Anderson ([1941] 3 All ER 338 at 361). To which I would add "alert to see that a discretionary power is not exceeded or misused....” Lord Denning
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.