R v Panel on Take-overs and Mergers ex parte Datafin [1987]

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  • Created by: channyx
  • Created on: 20-03-20 16:33

Concerning: Availability of judicial review

Facts

The Panel was established by the City of London in order to regulate the takeover and merger of companies. Datafin sought judicial review of a Panel decision to reject a complaint which it had made.

Legal Principle

Given the public importance of…

Comments

Kristopher7

Report

The case R v Panel on Takeovers and Mergers ex parte Datafin established that decisions by self-regulatory bodies, like the Access Panels within the financial sector, could be subject to judicial review if they perform public law functions. The court ruled that the Panel on Takeovers and Mergers, despite being a private entity, wielded public power affecting markets and investors, similar to Access Panels. This landmark decision expanded the scope of judicial oversight over private bodies engaged in regulatory activities.