Padfield v Minister of Agriculture

Question 1

when was this case

Answer 1

1968

Question 2

what came from this case

Answer 2

the term “Padfield principle” –> it is not open to a Minister to do a thing (or not do a thing) that would circumvent or frustrate an Act of Parliament.

Question 3

which court

Answer 3

house of lords

Question 4

facts of the case

Answer 4

• milk scheme
• producers had to sell their milk to the Milk Marketing Board, they were paid according to how much it cost to transport the milk (11 districts)
• prices had been set several years ago, south-eastern wished to change price differentials but could not get a majority
• they asked the Minister of Agriculture, Fisheries and Food to appoint a committee of investigation and when he refused applied to the court for an order of mandamus

Question 5

what changed

Answer 5

Previously, judicial review could not be bought to address discretionary matters
It was decided that they actually could

Question 6

reason for the decision

Answer 6

The reasons of the issue being too big for a committee to consider and a potential Parliamentary conflict were not good enough to not have an inquiry – improper use of power

Question 7

ratio

Answer 7

Discretionary powers can be reviewed by judicial review