Attorney General v Fulham Corporation [1921] 1 Ch 440

Court: Court of Appeal

Facts: Fulham Corporation established a scheme to provide washing facilities for the public, employing its own staff for this purpose. However, the powers granted to the corporation under the relevant statute did not include the authority to operate a laundry service. The Attorney-General sought an injunction to prevent the corporation from proceeding with its washing facilities.

Issue: Whether Fulham Corporation had the statutory authority to provide washing facilities for the public and employ staff to operate these services.

Held: The court ruled in favor of the Attorney-General, concluding that Fulham Corporation exceeded its statutory powers.

Key Judicial Statements: It was established that if a statutory power is granted, the entity can only act within the scope of that power. The corporation did not have the authority to provide washing facilities by employing its staff, as this was not within the powers conferred by the statute.

💡 LevelUpLaw: This case emphasizes the principle of ultra vires in administrative law, highlighting that public authorities must act within the limits of the powers conferred upon them by statute.

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British Oxygen v Minister of Technology [1971] AC 619

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R v Ministry of Defence, ex p Walker [2000] 1 WLR 806