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Barnard v National Dock Labour Board

[1953] 2 QB 18

Case summary last updated at 05/01/2020 17:24 by the Oxbridge Notes in-house law team.

Judgement for the case Barnard v National Dock Labour Board

Legislation gave local dock boards the power to sack dock workers (the board was comprised equal numbers of workers and employers). The board tried to delegate their functions to the port manager and the fact that he had sacked P wasn’t even brought to their attention until after the decision was made. CA granted judicial review, saying that the board had no power to delegate its function. 
 
Denning LJ: “While an administrative function can often be delegated, a judicial function rarely can be. No judicial tribunal can delegate its functions unless it is enabled to do so expressly or by necessary implication [from the statute].” He said that the board was in a judicial position between the workers and employers. 

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