- R v Panel for Takeovers and Mergers Ex p Datafin
R v Panel for Takeovers and Mergers Ex p Datafin was an English Court of Appeal case which marked a major development in the scope of
Judicial review in English Law . [ [http://www.kevinboone.com/lawglos_RVPanelOnTakeoversAndMergersExParteDatafin1987.html The K-Zone: R v Panel on Takeovers and Mergers ex parte Datafin (1987) ] ]Introduction
"Datafin" is an important Court of Appeal decision in the area of
administrative law , establishing that the decisions of a private body exercising public functions may be amenable to judicial review. Before "Datafin", only bodies established bystatute were so amenable, while private bodies could only be sued for their actions incontract ortort .Facts of the Case
The
Panel on Takeovers and Mergers was the City's self-regulating mechanism for dealing withmergers and acquisitions . The applicants complained about the conduct of their competitors in a take-over bid and were unhappy with the panel's decision. When they were refused leave to seek judicial review by the High Court, they appealed to the Court of Appeal.The Key Issues
The main issue facing the Court was whether to review the decision of a Panel set up under
private law using the standards usually applied in administrative law.Ruling
The Court of Appeal held that the powers exercised by the Panel (regulating take-overs and enforcing a code of conduct on them) were essentially in the domain of
public law and formed part of the Government's scheme to regulate the City. Those affected had no choice but to submit to the Panel's jurisdiction. As a result, the Panel had the duty to act judicially and its decisions could be checked by means of judicial review. On the merits however, the Court found no ground to quash the disputed decision.Effect of the Decision
This decision is important in the light of an increasing "privatisation" of public powers. In recent years, the government delegated many of its powers to formally private bodies, which nevertheless can make decisions affecting individual citizens and the society at large. Such decisions are now amenable to judicial review by courts.
References
External links
* [http://oxcheps.new.ox.ac.uk/casebook/Resources/RVPANE_1%20DOC.pdf Extracts from the judgment]
Wikimedia Foundation. 2010.
