Pearlman v. Harrow School [1979]

Question was whether
installation of central heating was structural alteration within Housing Act
Lord Denning in Court of
Appeal noted that line between errors of law which went to jurisdiction [of
higher court] and those within jurisdiction [of original body] was a fine one,
and characterisation would often depend on whether courts wished to intervene.
Since Anisminic, a court, if it chooses to interfere, can simply say ‘The
court below had no jurisdiction to determine this point wrongly as it did’.
Hence distinction between jurisdictional
and non-jurisdictional errors should be discarded.
Principle should be ‘No court
or tribunal has any jurisdiction to make an error of law on which the decision
of the case depends’.